D2A4 


EGEND 


A 


DELAWARE    INDIAN 
LEGEND 


AND 


THE    STORY   OF   THEIR   TROUBLES 


BY 


RICHARD    C.    ADAMS 

/| 
REPRESENTING    THE     DELAWARE     INDIANS 


WASHINGTON,  D.  C. 
1899 


COPYRIGHT,  1899, 

BY 

RICHARD    C.    ADAMS 
WASHINGTON,  D.  C. 


/O  '    X         /  S?    c/LS 

C/CX^e^>txl^    (jO    SV7£*^*rZ& 

if1          Y 


TO  THE  AMERICAN  PEOPLE. 

WITH  your  kind  permission,  your  attention  I  will  claim, 
I  am  only  just  an  Indian,  it  matters  not  my  name, 
But  I  represent  my  people,  their  cause  and  interest,  too  ; 
And  in  their  name  and  honor,  I  present  myself  to  you. 
They  have  your  sacred  promise,  your  pledge  of  friendship  warm, 
That  you  would  always  aid  them  and  protect  them  from  all  harm, 
And  in  my  humble  efforts,  as  I  briefly  state  their  case, 
Will  you  pardon  my  shortcomings,  and  my  errors  all  erase? 

I  do  not  come  with  grandeur,  or  boast  of  any  fame, 

Rank  in  politics,  society,  or  wealth  I  cannot  claim, 

I  never  went  to  college,  have  no  title  of  LL.  D., 

As  the  Great  Spirit  made  me,  is  all  that  you  may  see. 

With  the  forces  that  oppose  me,  I  certainly  should  pause, 

If  I  were  not  depending  on  the  justice  of  my  cause. 

I  am  only  just  an  Indian,  who  here  represents  his  band  ; 

With  this  simple  introduction,  I  extend  to  you  my  hand. 


Ml 22973 


A  DELAWARE  INDIAN  LEGEND. 


LONG,  long  ago,  my  people  say,  as  their  traditions  tell, 
They  were  a  happy,  powerful  race,  loved  and  respected  well. 
To  them  belonged  the  sacred  charge,  the  synagogue  ( x )  to  keep, 
And  every  Autumn  to  the  tribes,  the  Manitou's  praises  speak. 
And  all  things  went  with  them  full  well,  the  Manitou  was  pleased  ; 
The  Indian  race  was  numerous  then,  countless  as  the  trees ; 
The  Manitou  was  kind  to  them,  he  filled  the  woods  with  game, 
A.nd  in  the  rivers  and  the  seas  were  fish  of  every  name. 


And  to  his  children  did  he  give  the  vast  and  broad  domain ; 

Some  the  mountains  and  valleys  took,  while  others  chose  the  plain  ; 

And  everything  to  comfort  them  did  the  Manitou  provide, 

He  gave  them  fish,  game,  herbs  and  maize,  and  other  things  beside. 

He  gave  them  rivers,  lakes  and  bays,  o'er  which  canoes  did  glide, 

Forests  dense  and  mountains  high,  great  plains  the  other  side. 

The  men  were  strong  and  brave  and  true,  to  them  belonged  the  chase, 

The  women  loving,  kind  and  good,  who  filled  a  simpler  place. 

And  they  were  taught  while  here  on  earth  their  spirits  to  prepare, 

To  join  the  Manitou  himself,  in  the  happy  hunting-ground  (2)  somewhere 

That  they  must  never  lie  and  steal ;   must  for  each  other  care  ; 

That  principles  are  gems  that  pass  us  to  that  country  there. 

And  even  though  the  wars  do  come  with  aggressive  tribe  or  band, 

No  warrior  shall  strike  a  fallen  foe,  or  wrong  a  helpless  hand  ; 

And  if  your  foe  shall  sue  for  peace,  let  not  his  plea  be  vain, 

Produce  the  pipe,  and  smoke  with  him,  smothering  the  wrathful  flame. 

And  while  the  smoke  ascends  above,  breathe  a  prayer  together, 
That  spirits  of  departed  friends  make  peace  beyond  the  river  ; 
The  Manitou's  compassion  seek,  for  he  was  sorely  grieved, 
Provide  for  the  widows  of  the  slain,  (3)  that  their  needs  be  relieved. 
If  a  stranger  enters  in  your  lodge,  give  him  both  food  and  bed, 
E'en  if  known  to  be  your  foe,  no  harm  hangs  o'er  his  head, 
For  now  he  is  your  honored  guest,  your  protection  he  does  claim  ; 
Whate'er  your  source  of  difference  be,  contest  it  on  the  plain. 


The  voice  of  the  Great  Spirit  now  is  heard  in  every  clime, 
The  rumblings  of  the  thunder,  the  whisperings  of  the  pine  ; 
The  works  of  the  Great  Spirit  are  seen  on  every  hand, 
Flowers,  forests,  mountains,  stars,  sun  and  even  man. 
The  Lenape  (4)  all  should  gather  in  the  Autumn  there  to  praise 
The  wonders  of  the  Manitou,  the  goodness  of  his  grace  ; 
And  they  to  tell  the  Nations  what  to  them  he  has  unbound, 
And  the  way  for  them  to  reach  the  happy  hunting-ground. 

Once  many  thousand  moons  ago,  in  the  synagogue  there  came 

All  the  tribes  and  warriors  from  the  forest,  hill  and  plain  ; 

And  while  they  were  assembled  there  (5)  a  young  man  rose  to  say, 

The  Manitou  had  shown  him  in  a  vision  on  that  day 

From  afar  a  huge  canoe  with  pinions  spreading  wide, 

Coming  o'er  the  waters  from  across  the  sunrise  side  ; 

-And  in  that  huge  canoe  were  people  strange  of  dress, 

All  were  armed  as  warriors,  though  they  peacefulness  professed. 

'They  told  them  of  their  God,  '"  who  came  and  died  for  men," 
And  they  were  messengers  from  Him  to  save  them  from  their  sin, 
But  first,  they  said,  they  must  have  land,  and  thus  a  home  prepare, 
Then  they  would  teach  them  truth,  and  heaven  with  them  share. 
The  young  man  to  the  warriors  old  his  vision  further  told, 
And  prophesied  that  from  that  day  these  tempters  would  grow  bold  ; 
That  each  would  have  a  different  creed,  to  teach  a  different  tribe, 
And  when  one  told  another  each  would  think  the  other  lied. 

The  young  man  for  his  people  lamented  loud  and  long ; 
He  saw  the  friendship  broken  that  always  had  been  strong, 
Dissension,  war,  and  trouble,  their  happiness  succeed, 
Tribes  rise  against  each  other,  their  warriors  die  and  bleed. 
At  last,  their  faith  all  shattered,  home,  game  and  country  gone, 
Dejected,  broken-hearted,  he  saw  them  westward  roam. 
The  Manitou  was  sorrowful  that  they  should  faithless  ((i)  be, 
"And  now  where  is  the  heaven  the  stranger  promised  thee?" 

And  some  of  the  young  warriors  did  live  to  see  the  day, 
When  across  the  sea  from  sunrise,  with  pinions  flying  gay, 
Came  great  canoes  with  strangers  who  soon  did  boldly  land, 
And  with  a  friendly  gesture,  extended  the  right  hand. 
Forgetful  of  the  warning,  they  received  them  all  as  friends  ; 
And  made  the  sacred  pledges  to  share  with  them  their  lands. 
The  Indians,  true  and  faithful,  their  promise  did  fulfill, 
And  eager  sought  the  teachings  of  the  white  man's  God  and  will. 


9 

And  this  recalls  sweet  memories  of  at  least  one  truthful  man  ; 

He  made  and  kept  a  promise  in  treating  for  our  land ; 

His  deeds  of  loving-kindness  strength  to  their  teachings  lend, 

And  sacred  in  our  memory  is  the  name  of  William  Penn. 

But  alas  !   for  faith  and  trusting,  few  others  like  him  came, 

The  white  man's  promised  friendship,  thenceforth  we  found  was  vain. 

While  noble  were  his  teachings,  his  practice  was  deceit,  (7) 

And  thus  the  friends  we  trusted,  our  fondest  hopes  defeat. 

And  now  the  road  is  open  across  the  stormy  sea, 

The  strangers  are  invaders — our  friends  no  longer  be ! 

Our  Manitou  is  angry,  their  God  hears  not  our  cry, 

On  the  bloody  field  of  battle  the  noble  warriors  die. 

Again  with  peace  and  presents  our  friendship  would  be  sought,  (8) 

Requesting  that  our  vengeance  on  some  other  tribe  be  brought. 

And  now  for  this  protection  and  their  proffered  friendship-hand, 

The  boasted  Christian  strangers  ask  to  have  as  much  more  land.  (9) 

Now  many  moons  have  passed,  the  Indians  are  but  few  ; 

For  comments  on  the  prophecy,  I'll  leave  that  all  to  you. 

Is  the  white  man  still  deceiving?    Is  the  Indian  being  robbed? 

Will  he  yet  share  his  heaven  and  the  teachings  of  his  God  ? 

The  Indian  was  just  a  savage,  but  he  would  not  lie  and  steal, 

The  white  man's  highly  civilized,  but  his  conscience  could  not  feel, 

To  rob  poor,  trusting  Indians — well,  to  him  it  was  no  sin, 

And  to  break  a  solemn  treaty  was  a  very  clever  thing. 

And  when  the  Indian  to  the  white  man  makes  complaint  about  his  land, 
He  is  told  with  solemn  gestures,  "  Seek  the  Government — not  the  man." 
"  He  will  be  your  good,  great  father  and  adopt  you  as  his  child, 
He  knows  better  what  you  need,  and  will  protect  you  all  the  while." 
But  the  father  was  forgetful  (10)  of  his  foster  children's  care, 
So  the  Indian  thus  discouraged,  finds  relief  not  anywhere. 
Will  a  Nation  for  its  actions  have  to  pass  the  judgment  bar, 
Or  will  God  excuse  the  people,  if  the  deeds  the  Nation's  are  ? 

He  now  sees  the  "  Good,  Great  Father,"  better  known  as  "  Uncle  Sam," 

Offering  home,  aid  and  protection  to  the  poor  of  foreign  lands ; 

Sees  the  foreigners  in  numbers  seek  his  own  beloved  shore, 

Where  justice,  love  and  liberty  reign  free  forever  more. 

Sees  the  foreigners  in  Council,  aid  in  making  laws  most  just, 

While  he's  no  voice  in  legislation  and  his  lands  are  held  in  trust. 

Do  you  know  a  greater  torture,  or  think  his  feelings  can  be  guessed 

When  he  sees  such  freedom  cherished,  while  his  own  rights  are  oppressed? 


10 

When  on  the  day  of  judgment,  their  records  there  to  see, 

As  God  turns  o'er  the  pages,  who  will  the  braver  be? 

For  one  is  just  a  savage,  his  simple  faith  applies  ; 

The  other  one,  a  white  man,  very  highly  civilized. 

And  should  they  be  together  long  enough  to  treat, 

Do  you  suppose  the  white  man  the  Indian  there  would  cheat  ? 

Or  if  the  chance  is  given,  when  the  judgment's  handed  down, 

Would  the  white  man  take  his  heaven  or  the  Indians'  Hunting-Ground? 

Do  you  think  that  Missionaries  need  be  sent  to  foreign  land, 
To  find  fields  for  Christian  duties  and  neglect  the  savage  man? 
In  the  land  of  peace  and  freedom  can  bondmen  still  be  found  ? 
Where  every  man  does  loudly  boast  class-legislation  is  not  known  ! 
Should  neither  one  sit  on  the  jury  without  the  aid  of  ex-parte  law, 
Were  the  records  brought  from  heaven,  the  court  hear  what  the  angels  paw, 
Have  you  doubts  about  the  judgment?  Would  the  white  man  pay  the  cost? 
Or  would  the  heir  by  birthright  learn  that  there  his  case  was  lost? 

In  this  the  Indian's  version,  can  he  still  be  justified, 
Or  was  it  for  his  poor  sake,  too,  that  Christ  was  crucified  ? 
Will  Christians  stand  by  idly,  nor  lend  a  helping  hand, 
And  by  their  silence  justify  the  seizure  of  his  land  ? 
Or  will  their  God  from  heaven  hear  the  Indian's  plea 
And  prompt  the  Christian  people  to  lend  him  sympathy, 
And  through  their  earnest  efforts,  not  sympathy  alone, 
Redeem  the  Nation's  credit  before  the  Judgment  Throne? 


Let  the  Indian  have  some  duties,  treat  him  as  a  worthy  man, 
Give  him  voice  in  the  elections,  give  him  title  to  his  land, 
Give  him  place  of  trust  and  honor,  let  him  feel  this  yet  his  home, 
Let  him  use  his  mind  and  muscle,  let  his  actions  be  his  own, 
Pay  him  what  is  justly  due  him,  let  your  Government  be  his,  too, 
He  will  battle  with  each  problem,  just  as  faithfully  as  you. 
One  who  proves  himself  a  warrior  and  of  danger  knows  no  fear, 
Surely  can  find  ways  to  master  each  new  problem  that  draws  near. 


NOTE  1.  The  Delaware  Indians  on  the  full  moon  of  each  October  have 
a  religious  meeting  in  a  large,  long  building,  which  lasts  twelve  days.  Here 
the  clans  of  the  Delawares  gather  and  other  Indian  tribes  are  invited.  The 
ceremonies  are  conducted  in  the  way  of  a  dance  around  a  fire  built  in  the 
centre  of  the  building.  At  these  meetings  any  brave  or  chief  may  tell  his 
experience  in  hunting  or  warfare,  his  dreams  or  impressions,  and  give  his 
own  interpretation  of  the  same,  never  claiming  any  of  the  honors  himself  if 
he  has  been  successful  in  any  event,  but  thanking  the  Great  Spirit  or  Manitou 


11 

for  his  success.  The)'  believe  that  every  person  has  a  guardian  spirit  whose 
duty  is  to  watch  and  prompt  him  in  his  daily  actions,  and  if  the  individual 
listens  to  his  guardian  spirit  he  will  not  meet  with  any  mishap  or  danger. 

NOTE  2.  The  North  American  Indian,  and  especially  the  Algonquins, 
of  whom  the  Delawares  were  the  head,  is  perhaps  the  most  religious 
being  on  the  face  of  the  earth.  While  he  was  warlike  and  always  ready  to 
assert  his  rights,  he  was  always  fearful  of  angering  the  Great  Spirit,  and 
careful  to  follow  the  principles  of  his  traditional  teachings,  and  if  it  had  not 
been  for  this  sentiment,  I  do  not  believe  the  Indians  would  ever  have  allowed 
the  white  man  to  secure  a  foot-hold  on  this  continent. 

NOTE  3.  One  of  the  principles  of  Indian  warfare,  when  peace  was 
made,  was  to  send  men  from  one  tribe  to  the  other  where  the  most  warriors 
had  been  slain,  who  would  provide  game  for  their  widows,  at  least  for  a 
certain  length  of  time. 

NOTE  4.  Some  of  the  Delaware  Indians  still  keep  up  the  old  traditionary 
worship,  and  on  their  reservation  in  the  Cherokee  Nation,  on  the  forks  of 
Caney,  may  be  seen  one  of  their  synagogues,  where  each  October  they  gather 
to  praise  the  Great  Spirit  as  their  ancestors  had  taught. 

NOTE  5. — I  have  heard  many  old  men  of  the  Delaware  tribe  of  Indians 
refer  to  this  prophecy. 

NOTE  6. — Some  of  the  Delawares  to  this  day  fully  believe  that  their 
troubles  are  attributable  to  the  fact  of  the  Indians  deserting  the  form  of 
worship  their  ancestors  had  taught  and  taking  up  the  white  man's  religion. 

NOTE  7. — I  quote  from  the  address  delivered  by  Hon.  Herbert  Welsh 
before  the  Society  of  the  Indian  Rights  Association,  April  9,  1892. 

The  Indian  version  of  this  matter  is  even  more  pathetic  than  this 
account  : 

"  Zeisberger's  Christian  Indians  communities  were  the  admiration  of 
all  who  visited  them.  They  shone  as  gleams  of  sunlight  amid  the  sombre 
forests  of  Pennsylvania.  Indians,  who,  but  a  short  time  before  had  been 
wild  and  revengeful  men,  became,  under  the  preaching  and  indefatigable 
labors  of  Zeisberger,  peaceable  and  industrious.  They  felled  the  great  ti>  es, 
cultivated  the  soil ;  built  dwellings  and  Mission  Chapels,  and  settled  into 
peaceful  and  as  they  thought,  permanent  communities.  But  they  were 
from  the  first  regarded  with  envy  and  suspicion  by  the  rougher  elements  in 
the  rough  and  unrestrained  colonial  population.  Ravaging  war  parties, 
composed  of  French  officers  and  savage  Indians,  devastated  the  frontier 
settlements  during  the  French  and  Indian  war,  and  naturally  there  arose  in 
undiscriminating  and  ignorant  minds  an  intense  hatred  of  all  Indians. 
The  Moravian  Missionaries  and  their  followers  were  obliged  to  fly  for  the 
protection  of  the  British  garrison  in  Philadelphia  to  find  a  shelter,  which 
was  grudgingly  and  timidly  given.  But  a  momentary  respite  was  obtained. 
New  York  was  asked  the  privilege  of  an  asylum  for  the  Moravian  Indians, 
but  the  request  was  refused.  A  year  of  heart-sick  wandering  and  exile  ensued. 
The  Indians  were  finally  permitted  to  make  the  futile  attempt  of  creating 
new  homes  for  themselves  in  their  native  regions.  When  the  storm  of  the 
Revolution  broke,  they  were  again  subjected  to  the  same  persecutions  as 
before,  culminating  in  the  shameful  tragedy  known  as  the  Massacre  of 
Gnadenhutten,  where  ninety  of  their  men,  women  and  children  fell  un 
resisting  victims  beneath  the  mallets  and  scalping  knives  of  American 
Rangers.  The  Moravian  Missions  never  fairly  rallied  from  this  blow.  Zeis 
berger,  one  of  the  noblest  and  most  Christian  of  men,  died  at  Goshen,  on  the 
shores  of  the  Tascanawas,  at  a  great  age.  Strong  in  the  testimony  of  a  good 


12 

conscience,  but  with  the  harvest  of  his  life's  work  lying  waste  about  his 
dying  eyes,  he  gazed  sadly  on  the  remnant  of  his  Indian  followers  who 
gathered  to  bid  him  farewell.  From  the  standpoint  of  worldly  success,  his 
life  had  been  in  vain,  but  not  as  viewed  from  the  higher  standpoint,  for  he 
had  brought  hundreds  not  only  to  the  conception  of  a  noble  life,  but  to  such 
living  of  it  as  put  the  behaviour  of  their  enemies  to  shame." 

I  also  refer  you  to  the  massacre  in  Ohio  at  the  Jesuit  Mission  in  1781 
where  more  than  one  hundred  Christian  Indians  were  killed  and  burned, 
mostly  women  and  children,  by  the  American  soldiers. 

NOTE  8.  The  first  treaty  the  United  States  ever  made  was  made  with 
the  Delaware  Indians,  and  the  greater  portion  of  the  Delawares  assisted  the 
United  States  in  the  Revolutionary  war  ;  also  in  the  Civil  war  the  Delaware 
Indians  furnished  170  soldiers  out  of  an  adult  male  population  of  218. 

NOTE  9.  Immediately  after  the  close  of  the  Revolutionary  war,  the 
United  States  Government  marie  treaties  with  other  tribes  of  Indians,  and 
secured  from  them  the  very  lands  they  had  formerly  acknowledged  to  belong 
to  the  Delawares,  and  the  Delaware  Indians  received  nothing  whatever 
for  the  same.  The  tract  consisted  of  several  million  acres,  located  in  Ohio 
and  Indiana. 

NOTE  10.  See  Manypenny's  report  of  how  the  Army  Officers  of  Fort 
Leaven  worth  and  other  prominent  persons  assisted  the  settlers  in  making 
settlements  on  Delaware  lands  in  Kansas,  and  by  their  actions  finally 
discouraged  the  Delawares  so  much  that  they  were  forced  in  self-defense  to 
sell  their  lands  in  Kansas  and  purchase  homes  in  the  Cherokee  Nation, 
Indian  Territory,  a  title  to  which  was  guaranteed  by  the  United  States 
Government.  The. same  treaty  also  guaranteed  them  all  civil  rights  and  a 
voice  in  the  Government  of  the  Cherokee  Nation.  Now  the  Delaware 
Indians  are  forced  to  sue  the  Cherokees  for  this  land  at  great  expense  to 
themselves,  after  they  have  paid  for  the  lands  and  improvements  more  than 
81,000,000. 


•'•-•  £;m 

>•> .  •*-•  -fmf 


4t^feii 


THE  TREATY  OF  THE  LENNI  LENAPE  OR  DELAWARE 
INDIANS  WITH  WILLIAM  PENN  ON  THE  BANKS  OF 
THE  DELAWARE  RIVER  IN  1682. 

WHEN  the  time  arrived  at  which  William  Penn  and  the  Indians  had 
agreed  to  meet  personally  to  confirm  the  treaty  of  peace  and  the 
purchase  of  the  land  which  his  commissioners  had  bargained  for  and  the 
transaction  was  to  be  publicly  ratified,  Penn  came  accompanied  by  his 
friends  of  both  sexes  to  the  place  where  Philadelphia  now  stands.  On  his 
arrival  he  found  the  Chiefs  and  their  people  all  assembled  there.  They  were 
seen  as  far  as  the  eye  could  reach,  up  the  river,  down  the  river  and  in  the 
forest  far  beyond,  and  looked  frightful,  both  on  account  of  their  numbers 
and  their  arms.  The  Quakers  were  but  a  handful  in  comparison  with  the 
Indians  and  were  unarmed,  but  confidence  in  the  justice  of  their  cause  pre 
vented  dismay  and  terror  from  seizing  them.  William  Penn  appeared  in 
his  usual  clothes  and  was  distinguished  only  by  wearing  a  sky-blue  sash  of 
silk  net-work  around  his  waist.  He  had  a  roll  of  parchment  containing  a 
confirmation  of  the  treaty  of  purchase  and  amity  in  his  hands.  One  of  the 
Sachems,  who  was  the  head  Chief  of  them,  put  upon  his  own  head  a  kind 
of  chaplet  in  which  appeared  a  small  horn.  This  as  among  the  primitive 
Nations  and  according  to  Scriptural  language  was  an  emblem  of  kingly  power, 
and  whenever  the  Chief  who  had  the  right  to  wear  it  put  it  on,  it  was  under 
stood  that  the  place  was  made  sacred  and  the  persons  of  all  present  invio 
lable.  Upon  putting  on  this  horn  the  Indians  threw  down  their  bows  and 
arrows  and  seated  themselves  around  the  Chiefs  in  the  form  of  a  half  moon 
upon  the  ground.  The  Chief  Sachem  then  announced  to  William  Penn,  by 
means  of  an  interpreter,  that  the  Indians  were  ready  to  hear  him.  The 
treaty  was  ratified  with  all  due  solemnity  and  is  known  to  this  day  as  the 
treaty  that  never  was  sworn  to  and  never  was  broken. 

Chalkley,  in  his  life  of  William  Penn,  says : 

"It  is  much  to  be  regretted  when  we  have  accounts  of  minor  treaties 
between  William  Penn  and  the  Indians,  that  in  no  history  can  be  found  an 
account  of  this,  though  so  many  make  mention  of  it,  and  although  all  concur 
in  considering  it  the  most  glorious  in  the  annals  of  the  world." 


15 


THE  STORY  OF  THEIR  TROUBLES. 

r~TMIE  history  of  the  Delaware  Indians,  perhaps,  if  given  the 
*  attention  of  eminent  writers,  would  be  one  of  the  most 
interesting,  romantic,  although  pathetic  stories,  ever  related 
by  historians. 

For  more  than  three  years  I  have  been  entrusted  by  my 
people  with  the  responsibility  of  defending  their  rights  and 
protecting  their  interests  ;  and  in  discharging  my  trust  as  best 
I  could  or  preparing  myself  for  the  duties  required  thereby,  I 
have  reviewed  the  history  of  many  past  events  relating  to 
them  and  their  dealings,  and  not  one  have  I  ever  found  that 
was  a  discredit  to  them;  neither  have  I  found- any  cause  to 
know  why  I,  myself,  should  not  be  proud  that  I  am  a  Dela 
ware  Indian. 

Full  justice  has  never  been  done  the  Indian  in  the 
American  histories,  and  I  should  like  to  write  one  as  it  should 
be  written  from  the  Indian's  own  point  of  view.  But  while 
my  whole  heart  and  soul  are  devoted  to  them,  I  fear  I  could 
not  do  them  credit  in  undertaking  to  relate  their  story  ;  yet, 
some  day,  perhaps,  I  may  try  it. 

In  order  that  you  may  have  a  clear  understanding  of  the 
condition  of  affairs,  it  will  be  necessary  for  me  to  give  you,  as 
briefly  as  possible,  a  history  of  the  Delaware  Indians  from 
their  first  dealings  with  the  white  man  down  to  the  present 
time. 

The  Delaware  Indians,  or  "  Lenni  Lenape,"  were  once 
one  of  the  most  powerful  tribes  of  Indians  on  the  North 
American  continent,  the  head  of  the  Algonquins,  called  by 

19 


20 

many  Indians  "  Our  Grandfather."  When  first  met  by  the 
white  man  they  claimed  and  controlled  all  of  the  territory 
between  the  Hudson  River  and  the  Potomac. 

Under  the  spreading  elm  tree  at  Shackamaxon,  two  hun 
dred  and  seventeen  years  ago,  they  sold  to  the  founder  of  the 
State  of  Pennsylvania,  William  Penn,  the  vast  area  within  its 
borders  for  a  nominal  sum,  and  largely  as  an  act  of  friend 
ship  and  brotherly  love  which  they  entertained  for  the  white 
people  at  that  time  and  have  ever  since. 

Sacred  to  the  memory  of  the  white  man,  as  well  as  to 
that  of  the  Delawares,  has  been  the  eventual  treaty  resulting 
from  that  transaction.  In  the  rotunda  of  the  Capitol  at 
Washington  may  be  seen  the  historical  fresco  recalling  that 
event.  But  while  the  State  of  Pennsylvania  has  made 
rapid  strides  in  progress,  until  now  it  ranks  as  one  of  the 
wealthiest  and  proudest  States  in  the  Union,  the  Delawares, 
who  were  so  generous  in  years  gone  past,  and  who  have  always 
proved  their  loyalty  to  the  United  States  Government,  have 
been  forced  much  against  their  will  and  their  interest  to  cross 
the  continent,  unwilling  but  always  yielding  graciously,  having 
utmost  confidence  in  the  promises  that  "  this  move  will  be  the 
last,"  until  now  but  a  handful  of  them  are  left,  where  they 
have  purchased  homes  in  the  Cherokee  Nation,  Indian  Territory. 
And  here,  where  they  were  assured  by  both  the  Cherokees  and 
the  United  States  Government  that  their  rights  and  interests 
would  be  protected,  they  find  that  their  very  homes  are  now 
being  covered  with  applications  for  mineral  leases  by  both 
Cherokee  citizens  and  citizens  of  the  United  States — wealthy 
corporations — who  claim  the  protection  of  the  United  States 
Government  and  deny  the  rights  of  the  Delaware  Indians. 


21 

I  appealed  to  the  Indian  Rights  Association  and  others  for 
their  aid  and  moral  support  in  defending  our  homes  from  the 
encroaching  greed  of  grasping  syndicates  and  companies  who- 
are  now  seeking  to  deprive  us  of  one  of  the  most  sacred  liberties 
mankind  can  claim — the  right  to  control  our  own. 

The  Delaware  Indians  are  more  able  to  take  care  of  their 
property,  if  given  the  opportunity  of  controlling  it,  than  most 
of  the  white  people  who  live  in  our  country. 

There  are  many  things  your  civilized  laws  and  public 
policy  say  are  right  that  I  cannot  understand,  but  the  greatest 
puzzle  to  me  is, — Why  is  the  Dela wares'  title  to  their  lands 
now  disputed  and  they  required  by  the  Government  to  appeal 
to  the  courts  to  obtain  that  which  they  bought  and  paid  for 
with  the  advice,  approval  and  guarantee  of  the  United  States 
Government  itself?  And  even  before  that  question  is  settled 
by  the  Courts,  that  they  should  be  threatened  with  greater 
complications  ! 

It  may  be  because  I  am  an  Indian  that  I  cannot  under 
stand  the  justice  of  this  policy. 

The  good  faith  my  people  have  shown  ;  the  prompt  aid 
and  assistance  they  have  rendered  the  United  States  Government 
in  the  past  as  allies  in  the  Revolutionary  War  ;  as  soldiers  and 
scouts  in  the  Mexican  and  Civil  wars ;  as  guides  for  General 
Fremont  across  the  Rocky  Mountains  ;  as  peacemaker  between 
other  Indian  tribes  and  the  Federal  Government,  and  the 
protection  afforded  by  them  to  colonists  in  early  days,  of  them 
selves  are  enough  to  entitle  them  to  more  land  in  bounties  and 
grants,  fifty  times  over,  than  the  land  now  in  question,  which 
they  bought  and  paid  for. 


22 

The  Gherokoes  now  claim  that  the  Delawares  have  no 
distinct  rights  in  the  Cherokee  Nation.  The  Delawares  claim 
the  right  to  select  one  hundred  and  fifty-seven  thousand  six 
hundred  acres  of  land  for  which  they  paid  $157,600,  and  in 
addition  to  this  an  equal  right  with  every  native-born  Cherokee 
in  all  the  remaining  lands  and  funds  of  the  Cherokee  Nation, 
for  which  they  paid  an  additional  sum  of  $121,824.28. 

The  history  of  this  transaction  is  better  understood  by 
referring  to  the  data  that  led  up  to  it  and  the  events  that  took 
place  about  that  time,  than  by  reading  the  contract  or  agree 
ment  itself. 

You  will  see  by  referring  to  a  letter  on  file  in  the  Office 
of  Indian  Affairs,  dated  September  1st,  18G6,  and  signed  by 
D.  N.  Cooley,  Commissioner  of  Indian  Affairs,  that  the 
Delawares  were  offered  lands  in  the  Indian  country,  in  the 
Seminole  Nation  at  15  cents  per  acre  ;  in  the  Creek  Nation  at 
30  cents  per  acre  ;  or  lands  in  the  Quapaw  Nation,  the  price 
to  be  determined  when  selections  were  made. 

The  Delawares  were  instructed,  through  their  Agent,  by 
letter  dated  October  13th,  1866,  signed  by  John  G.  Pratt,  to 
select  a  delegation  and  to  "  proceed  South  and  select  for  your 
tribe  a  new  reservation  in  that  country."  Accordingly  the 
Delaware  Council  authorized  Captain  John  Connor,  head  chief, 
Captain  Sarcoxie,  Charles  Journeycake,  Joseph  Armstrong, 
Andrew  Miller  and  Isaac  Journeycake  to  proceed  to  the  Indian 
country  and  select  a  new  reservation. 

On  December  9th,  1866,  the  Delaware  delegates,  in 
company  with  the  delegates  on  behalf  of  the  Cherokee  Nation, 
agreed  upon  and  did  select,  • "  that  part  of  the  country  on 
Little  Verdigris  or  Caney,  beginning  at  the  Kansas  line, 


25 

where  the  96th  meridian  crosses  the  same,  and  running  thence 
east  ten  miles ;  thence  south  thirty  miles ;  thence  west  ten 
miles ;  thence  north  to  the  place  of  beginning,"  the  Delawares 
specifically  declaring  in  the  notice  to  the  Cherokee  Council 
that  they  preserve  their  tribal  organization. 

This  selection  was  made  in  accordance  with  the  instruc 
tions  of  the  United  States  Government  through  the  Commis 
sioner  of  Indian  Affairs,  and  the  Delaware  Indian  Agent,  and 
in  accordance  with  the  Act  of  the  Delaware  Council,  and  also 
the  resolution  of  the  Cherokee  Council,  of  November  7th,  1866, 
which  reads  as  follows  : 

"  Resolved  by  the  National  Council,  that  the  Principal  Chief,  Assistant 
Principal  Chief,  and  three  others,  be  appointed  by  the  Principal  Chief  as 
Commissioners  to  enter  into  an  agreement  with  the  Delaware  Delegation  in 
reference  to  allowing  the  Delawares  to  select  a  reservation  from  our  lands 
lying  ea<*t  or  west  of  the  96th  degree  of  longitude,  according  to  the  provis 
ions  of  the  treaty  of  July  19th,  1866. 

H.  D.  REESE,  JAMES  YAXN, 

Clerk.  President  National  Council. 

Concurred, 
R.  B.  Ross,  JOHN  YOUNG, 

Clerk  Council.  Speaker  Council. 

Approved. 

WM.   P.  Ross." 

(See  page  84,  laws  of  the  Cherokee  Nation,  1839-1867.) 
On  April  8th,  1867,  the  Delaware-Cherokee  Agreement  was 
made  and  approved  by  the  President  of  the  United  States,  and 
in  1868,  most  of  the  Delawares  moved  to  the  Cherokee  Nation 
and  settled  on  the  lands  selected  on  Little  Verdigris  or  Caney 
River,  believing,  as  has  been  proved  to  my  satisfaction  by 
sworn  statements  of-  old  Delawares,  parties  to  the  Agreement, 
and  the  Delaware  Indian  Agent,  John  G.  Pratt,  that  this  land 
was  to  be  theirs  and  in  no  way  was  to  be  molested  or  inter 
fered  with  by  the  Cherokee  Indians  ;  but  after  they  had  settled 


26 

there,  they  were  constantly  annoyed  by  the  Osages  who  also 
claimed  the  land,  and  a  great  many  half-breed  Cherokees,  who 
would  make  raids  amongst  them.  So,  after  being  harassed  on 
every  side,  they  became  greatly  dissatisfied  and  all  moved  in 
a  body  to  the  Quapaw  country,  on  Neosho  River,  expecting  to 
get  the  Government  to  make  an  exchange  of  lands  for  them. 

Superintendent  Enoch  Hoag  and  the  Indian  Agent  finally 
persuaded  them  to  return,  telling  them  that  they  were  not 
confined  to  the  area  of  their  previous  selection,  but  were 
privileged  to  make  their  selection  in  any  part  of  the  Cherokee 
Nation  where  they  could  find  good  and  suitable  land. 

Articles  4  and  5  of  the  Delaware  treaty  of  July  4th,  1866, 
should  also  be  taken  into  consideration,  and  also  that  part  of 
Article  4  which  says  : 

"  The  said  tract  of  the  country  shall  be  set  off  with  clearly  and  per 
manently  marked  boundaries  by  the  United  States,  and  also  surveyed  as 
Public  lands  are  surveyed,  when  the  Delaware  Council  shall  so  request,  when 
the  same  may  be  in  whole  or  in  part  allotted  by  said  Council  to  each  member 
of  said  tribe  residing  in  said  country." 

Both  the  Delawares  and  Cherokees  fully  understood  at 
the  time  of  the  Delaware-Cherokee  Agreement,  that  the  157,600 
acres  of  land  was  Delaware  land,  and  in  no  part  a  portion 
of  the  Cherokee  Nation  or  the  Cherokee  public  domains.  The 
Cherokee  delegates,  J.  L.  Adair  and  D.  W.  Bushy  head,  in  a 
communication  addressed  to  the  Senate  Committee  on  Indian 
Affairs,  on  June  19th,  1890,  said  : 

"As  has  been  seen,  the  Delawafes  purchased  one  hundred  and  fifty- 
seven  thousand  six  hundred  acres  of  Cherokee  lands,  lying  east  of  the  96th 
degree  west  longitude.  That  was  an  absolute  and  unconditional  purchase,  in 
which  lands  the  Cherokee  Nation  has  no  title  or  interest." 

(See  Senate  Bills  '2322,  4005,  51st  Congress.) 

When  the  Delaware-Cherokee  Agreement  was  made,  the 

Delawares  paid  $157,600  for  the  right  to  select  157,600  acres 

of  land. 


27 

They  also  bought  for  valuable  consideration  full  citizenship 
in  the  Cherokee  Nation,  which  would  give  them  additional 
lands  and  an  interest  in  their  funds.  A  ratio  was  ascertained 
to  determine  what  the  Delawares  should  pay  for  this  right,  so 
a  census  of  both  tribes  was  taken  ;  the  assets  of  the  Cherokees 
were  fixed,  and  it  was  found  that  the  ratio  was  one  to  thirteen 
and  seventy-eight  one-hundredth s,  and  on  this  basis  the  Dela 
wares  paid  an  additional  sum  of  $121,824.28. 

The  Cherokees  claim  the  right,  under  the  loth  article  of 
the  treaty  of  1866,  to  sell  to  friendly  Indians  a  separate  and 
distinct  tract  of  land  east  of  the  96th  meridian,  or  to  sell  to  such 
Indians  a  communal  or  per  capita  interest  in  the  lands  and 
funds  of  the  Cherokee  Nation,  or,  in  other  words,  a  citizenship 
carrying  with  it  all  property  rights.  The  Shawnees  were 
admitted  under  the  latter  arrangement  and  for  their  citizenship 
paid  $150,000.  The  Delawares  sought  to  secure  both 
rights  (at  the  time  having  plenty  of  money),  and  the  money 
was  paid  and  received  with  such  understanding. 

In  1890  the  Chief  of  the  Cherokee  Nation,  J.  B.  Mayes, 
and  the  Cherokee  delegates  addressed  a  communication  to  the 
Committee  on  Indian  Affairs,  asking  that  the  United  States 
Government  pay  out  per  capita  to  the  Delawares  the  trust 
funds,  almost  a  million  dollars,  belonging  to  them,  and  giving 
as  a  reason  for  this  request  that  the  Delaware^  might  be 
enabled  to  make  permanent  improvements  upon  their  homes 
in  the  Cherokee  Nation.  '  This  money  was  paid  out  to  the 
Delawares  per  capita,  and  they  have  used  the  same  to  make 
good  and  substantial  homes  which  are  equal  to  any  of  those  I 
have  seen  in  the  Eastern  States.  They  have  more  than  one 
hundred  thousand  acres  of  land  in  cultivation,  although 


28 

numbering  less  than  one  thousand  souls.  Their  land  is  under 
laid  with  valuable  mineral  deposits,  such  as  lubricating  oil, 
gas,  coal,  etc.  This  seems  to  be  their  misfortune  since  they 
are  Indians.  They  have  no  money  left  in  the  hands  of  the 
Government,  and,  if  deprived  of  their  rights  in  the  Cherokee 
Nation,  they  are  paupers.  If  they  win  in  their  contention, 
they  are  rich.  The  Cherokees  are  rich  ;  they  have  a  large 
fund  in  the  hands  of  the  Government,  made  larger  by 
the  money  contributed  to  it  by  us.  We  have  an  interest  in 
this  fund,  but  have  no  means  of  obtaining  any  portion  of  it 
to  defend  our  rights.  So.  thus  disarmed,  having  by  purchase 
and  improvements  expended  over  one  million  dollars  in  lands 
within  the  Cherokee  Nation  under  the  guaranteed  protection 
of  the  United  States  Government,  as  well  as  that  of  the  Cher 
okees — are  we  thus  to  be  left  at  their  mercy  ? 

Since  the  Delaware-Cherokee  Agreement  was  made  the 
Cherokees  have  unlawfully  admitted  over  10,000  persons  to 
all  the  rights  of  citizenship  and  without  compensation  to  the 
Delawares,  thereby  reducing  their  interests  in  the  communal 
property,  and  disturbing  the  ratio  on  which  the  respective 
rights  of  the  Delawares  and  Cherokees  were  fixed.  The 
authorities  of  the  Cherokee  Nation,  consisting  principally  of 
the  admitted  class  and  intermarried  white  men,  have  done 
everything  they  could  to  embarrass  the  Delawares. 

They  have  questioned  the  rights  of  the  Delawares  in 
sharing  the  communal  property  of  the  Cherokee  Nation,  and 
even  denied  the  rights  of  the  heirs  of  the  deceased  Delawares 
to  the  157,600  acres  of  land  that  the  Delawares  purchased  in 
1867.  This  necessarily  caused  the  Delawares  to  send  repre 
sentatives  to  Washington  to  protect  their  interests  before  the 


31 

Congress  of  the  United  States  and  the  Department  of  the 
Interior,  or  any  other  tribunal  having  authority  in  the 
premises. 

Myself  and  John  Bullette  were  appointed  representatives 
and  made  Attorneys  in  Fact.  Through  our  efforts  the  25th 
section  of  the  Curtis  Bill  became  a  law,  which  provides  that 
suit  may  be  brought  in  the  Court  of  Claims  and  the  Supreme 
Court  to  determine  and  enforce  the  rights  of  the  Delawares  in 
the  lands  and  funds  of  the  Cherokee  Nation,  and  provides : 

"  That  before  any  allotment  shall  be  made  of  lands  in  the  Cherokee 
Nation,  there  shall  be  segregated  therefrom,  by  the  Commission  heretofore 
mentioned,  in  separate  allotments  or  otherwise,  the  one  hundred  and  fifty- 
seven  thousand  six  hundred  acres  of  land  purchased  by  the  Delaware  tribe 
of  Indians  from  the  Cherokee  Nation,  under  Agreement  of  April  8th,  eighteen 
hundred  and  sixty-seven. 

This,  however,  has  not  been  done,  although  it  has  been 
demanded  by  us. 

On  August  4th,  1898,  we  brought  suit  in  the  Court  of 
Claims,  as  provided  by  the  Act  of  Congress  referred  to  above, 
and  have  since  been  busily  engaged  in  securing  data,  evidence 
and  proofs  necessary  to  sustain  our  contention. 

They  (the  Cherokees)  have  not  yet  paid  us  the  full  amount 
of  the  money  due  us  from  the  sale  of  the  Outlet,  which  the 
highest  courts  of  the  land  determined  was  ours  (see  Journey- 
cake  Case,  28  C.  Cls.,  R.,  281  ;  155  U.  S.  R.,  107),  claiming 
that  they  did  not  have  enough  money  to  pay  us  in  full.  But 
they  found  enough  money  to  appropriate  nearly  half  a  million 
dollars  more  than  was  required  to  pay  the  Freedmeii  of  the 
Cherokee  Nation,  and  in  order  that  they  might  justify  them 
selves  in  paying  this  money  out,  since  they  were  to  divide  the 
greater  part  as  attorney  fees,  the  same  authorities  consented 


32 

to  and  did  place  on  the  Freedmen  roll  more  than  one  thousand 
negroes  who,  everyone  knew,  were  not  entitled  to  be  placed  on 
the  roll. 

A  history  of  this  shameful  deal  may  be  had  by  referring 
to  Senate  Document  101,  55th  Congress,  3rd  Session. 

This  is  a  fair  sample  of  the  way  the  combination  that 
has  control  of  Cherokee  affairs  regards  right  and  justice. 

The  same  may  be  said  in  regard  to  the  recent  Agreement 
entered  into  with  the  Dawes  Commission  and  the  Commission 
on  behalf  of  the  Cherokee  Nation,  January  14th,  1899,  in 
which  it  may  be  seen,  by  referring  to  section  6  of  said  Agree 
ment,  that  the  same  authorities  were  willing  to  give  to  all  the 
inter-married  white  persons  and  such  other  persons  who  were 
admitted  without  right  or  authority  and  without  compensation 
to  the  Cherokee  Nation,  and  even  the  negroes  referred  to  above, 
an  interest  in  all  the  lands  and  funds  of  the  Cherokee  Nation, 
•equal  to  that  due  the  legitimate  owners,  but  expressly  declared 
that  nothing  should  be  given  to  the  Dela wares,  and  section  87 
of  said  Agreement  seemed  to  annul  the  Curtis  Act  governing 
the  segregation  of  the  Delaware  lands  and  even  abrogating 
the  entire  Delaware-Cherokee  Agreement  itself.  Said  section 
87  reads  as  follows  : 

11  This  agreement  shall  in  nowise  affect  the  provisions  of  existing 
treaties  between  the  Cherokee  Nation  and  the  United  States,  except  so  far 
as  it  is  inconsistent  therewith,  and  no  provisions  of  any  Act  of  Congress  now 
existing  inconsistent  with  the  Agreement  shall  be  operative  in  the  Cherokee 
Nation." 

This  Agreement,  however,  was  not  signed  by  the  full- 
blood  members  of  the  Cherokee  Nation,  who  have  been  our 
friends,  neither  was  it  ratified  by  Congress,  and  I  have  been 


33 

informed  that  the  proposition  was  a  surprise  to  the  Dawes 
Commission,  but  it  was  the  best  they  could  get.  Hon.  Henry 
L.  Dawes,  in  his  letter  transmitting  the  Agreement,  said  : 

"  The  Commission  are  aware  of  many  imperfections  in  this  Agreement. 
They  have  never  been  able  to  make  one  free  from  them." 

And  the  Downing  party  of  the  Cherokee  Nation,  in  order 
to  get  the  votes  of  that  class  of  people  whose  rights  to  a  division 
in  the  lands  and  funds  should  be  questioned,  did  endorse  this 
Agreement  and  made  it  a  part  of  their  platform,  and  by  offering 
an  indirect  bribe  of  an  interest  in  the  lands  and  funds  for 
votes  did  secure  the  election  of  their  Chief  and  get  control  of 
both  branches  of  the  Cherokee  National  Council,  and  will,  of 
course,  attempt  to  further  embarrass  the  Delaware  Indians. 

The  same  Act  of  Congress  provides  for  the  leasing  of  iands 
in  the  Indian  Territory,  for  the  purpose  of  developing  oil,  coal, 
asphalt  and  other  minerals,  leaving  the  matter  optional  and  at 
the  discretion  of  the  Secretary  of  the  Interior  to  grant  or  reject 
any  or  all  applications  that  may  be  made  for  the  same. 

Before  the  Act  of  Congress  referred  to  above  certain 
Cherokees  and  inter-married  white  men,  relatives  of  the  con 
stituted  authorities  of  the  Cherokee  Nation,  did  secure  what 
they  term  mineral  leases  from  the  said  authorities,  covering 
the  homes  and  improvements  of  the  Delaware  Indians.  They 
did  sub-lease  the  same  to  certain  citizens  of  the  United  States 
who  claim  to  have  expended  twenty-odd  thousand  dollars  in 
putting  down  eighteen  oil  wells,  and  for  this  reason  they 
claimed  a  preferred  right  to  lease  from  the  Secretary  of  the 
Interior  over  one  hundred  and  eighty  thousand  acres  of  land, 
covering  most  of  the  homes  of  the  Delaware  Indians,  without 
respect  to  their  rights  and  without  their  consent. 


34 

One  of  the  provisions  of  the  leases  is : 

"  Provided,  That  the  domain  or  tract,  or  any  part  thereof  above  described, 
is  not  within  or  does  not  infringe  upon  the  improvements  or  legal  bounda 
ries  of  any  other  citizen." 

Notwithstanding  the  fact  that  we  have  invested  over  one 
million  dollars  in  these  identical  lands  and  improvements 
thereon,  these  same  people  claimed  in  their  petition  to  the 
Secretary  of  the  Interior  that  there  were  no  adverse  claimants 
to  this  land ;  and  held  that  the  expenditure  of  about  twenty 
thousand  dollars,  if  they  were  forced  to  lose  it,  would  work  a 
great  hardship  to  them.  They  forget  that  they  were  tres 
passers  on  our  land,  and  in  justice  should  be  compelled  to  pay 
us  damages.  They  forget  our  rights  and  the  hardship  that 
might  be  imposed  on  us. 

It  might  be  noted,  however,  that  no  applications  were 
filed  for  leases  covering  that  portion  of  the  Cherokee  Nation 
where  no  Delawares  were  located. 

The  question  as  to  the  rights  of  the  Delawares  is  now  in 
the  Court  of  Claims.  If  their  contention  is  sustained  that  these 
lands  are  Delaware  lands  and  not  subject  to  the  laws  and  con 
stitution  of  the  Cherokee  Nation,  the  Cherokees  have  no  right 
whatever  to  make  these  leases.  But  even  if  the  Delaware 
lands  were  subject  to  the  laws  and  constitution  of  the  Cherokee 
Nation,  there  is  a  provision  in  the  Delaware-Cherokee  Agree 
ment  which  says :  "  Nor  shall  the  continued  ownership  and 
occupancy  of  said  land  by  any  Delaware  so  registered,  be 
interfered  with  in  any  manner  whatever  without  his  consent," 
and  the  provision  referred  to  above  in  the  mineral  lease  would 
prevent  them  from  interfering  with  the  Delawares'  rights. 

The  Delawares  have  just  cause  for  alarm.  If  the  pending 
leases  are  executed  by  the  Secretary  of  the  Interior,  without 


Q 


37 

awaiting  the  decision  of  the  Court  of  Claims  as  to  the  rights 
of  the  Dela wares  therein,  that  tribe  will  find  its  interests  and 
remedies  at  law  seriously  embarrassed.  The  Supreme  Court 
of  the  State  of  Oregon,  in  Mosgrove  vs.  Harper,  May  term, 
1898,  held  that  after  the  Secretary  of  the  Interior  had  approved 
a  lease  of  Indian  lands  he  could  not  cancel  the  same,  stating  ; 

"  That  is  a  matter  which  belongs  to  the  Judicial  and  not  the  Executive 
Department  of  the  Government.  The  right  of  the  lessee,  when  denied 
to  re-enter  and  take  possession  of  the  leased  premises  under  and  by  virtue 
of  the  several  provisions  of  the  lease,  can  only  be  tried  out  in  a  court  of 
law,  and  not  by  some  Executive  Department  of  the  Government." 

The  Assistant  Attorney-General  for  the  Interior  Depart 
ment,  in  his  opinion  dated  June  12th,  1899,  regarding  certain 
leases  covering  Ponca  Indian  lands,  Oklahoma  Territory,  in 
which  it  was  shown  that  fraud  existed  in  the  procurement  of  the 
same,  and  upon  which  payment  of  royalties  have  since  been 
accepted  by  the  Interior  Department,  says  : 

"  It  is  impossible  to  avoid  the  conclusion  that  with  full  knowledge  of  the 
fraud  practised  in  their  procurement,  these  leases  have  been  affirmed  and 
the  lessee  permitted  to  proceed  on  that  theory  to  such  an  extent  that  to 
cancel  or  rescind  the  leases  at  this  time  because  of  that  fraud  would  not 
comport  with  the  principles  of  reciprocal  justice." 

In  one  of  my  protests  to  the  Secretary,  I  said  : 

"  The  various  companies  have  employed  prominent  attorneys  and  many 
of  the  parties  interested  hold  high  and  honorable  positions  both  in  political 
and  social  circles.  Their  cause  has  been  well  represented  and  they  are  in 
position  to  represent  it  well,  while  I,  the  representative  of  the  Delaware 
Indians,  have  none  of  these  advantages  ;  yet  I  feel  that  I  have  the  best 
rijjhtto  claim  your  attention  and  your  careful  consideration  of  the  truth  of 
the  allegations  I  have  set  forth.  In  conclusion,  I  would  ask  that  all  leases 
be  declared  void  and  that  no  leases  be  granted  in  the  Cherokee  Nation,  at 
least  until  the  Delaware  lands  have  been  segregated  by  the  Dawes  Commis 
sion  as  instructed  by  the  25th  Section  of  the  Act  of  Congress,  known  as  the 
Curtis  Bill." 

On  July  17th,  1899,  Hon.  Thomas  Ryan,  Acting  Secretary 
of  the  Interior,  in  his  letter  of  instructions  to  the  United  States 


38 

Indian  Inspector  for  the  Indian  Territory,  rejected  the  applica 
tions  of  the  various  companies  who  made  applications  for  the 
leases  covering  the  lands  of  the  Delaware  Indians,  but  leaves 
the  impression  that  they  may  still  obtain  leases  if  they  could 
prove  that  there  were  no  adverse  claimants  to  the  land  and 
made  applications  as  prescribed  by  the  instructions  of  the 
Secretary  of  the  Interior,  May  22nd.  1899. 

A  great  many  prominent  and  influential  gentlemen r 
whose  attention  was  called  to  the  condition  of  affairs  which 
confronted  the  Delawares,  kindly  responded  and  protested  in 
our  behalf.  Among  them  were  Hon.  R.  F.  Pettigrew,  Chairman 
of  the  Committee  on  Indian  Affairs  in  the  Senate  ;  Hon.  James 
S.  Sherman,  Chairman  of  the  Committee  on  Indian  Affairs  in 
the  House  of  Representatives;  Hon.  Charles  Curtis,  Member 
of  the  Committee  on  Indian  Affairs  of  the  House  of  Represen 
tatives  ;  Hon.  Matthew  S.  Quay,  United  States  Senator ;  Rev. 
T.  J.  Morgan,  Ex-Commissioner  of  Indian  Affairs  ;  Hon. 
Darwin  R.  James,  Chairman  of  the  Board  of  Indian  Commis 
sioners ;  S.  M.  Brosius,  Esq.,  Agent  of  the  Indian  Rights 
Association,  Washington,  D.  C.,  and  a  great  many  others. 

We  are  now  trying  to  secure  our  last  little  homes  in  the 
Indian  Territory  and  protect  them  from  the  grasping  greed  of 
heartless  syndicates  and  corporations.  We  have  defended  our 
interests  as  best  we  could ;  we  greatly  need  the  assistance  of 
the  Christian  influence  of  this  great  Nation,  and  we  shall  be 
grateful  for  the  help  that  we  believe  you  will  render  us. 

With  every  sentiment  of  respect,  I  am  your  obedient 
servant, 

RICHARD  C.  ADAMS, 
Representing  the  Delaware  Indians. 


DELAWARE  BAPTIST 


LETTERS  AND  AGREEMENT. 

THE  following  are  copies  of  some  letters  written  by  officials 
of  the  Government,  which  may  be  found  on  file  in  the 
Office  of  the  Commissioner  of  Indian   Affairs,    Washington, 
D.  C.     They  will  assist  the  reader  in  forming  some  idea  of  the 
manner  in  which  the  Delawares  have  been  dealt  with  : 

PIQUA,  Mar.  20,  1821. 
SIR: 

On  the  15th  inst.,  I  received  from  his  Excellency,  Gov.  Cass,  a  letter  of 
which  an  extract  will  be  found  above. 

The  Delaware  Nation  as  joint  owners  with  the  Miamies  occupied  the 
country  watered  by  the  White  Eiver  in  the  State  of  Indiana.  It  might  be 
estimated  safely  at  the  time  of  ihe  treaty  of  St.  Mary's  of  Oct.,  1818,  in  extent 
at  100  miles  by  70.  There  is  no  tract  of  the  same  magnitude  to  which  the 
Indian  title  has  been  extinguished  within  the  last  20  years  of  greater  value, 
the  soil  is  good,  is  well  watered  and  the  climate  fine.  The  permanent  seat 
of  Government  for  the  State  of  Indiana  has  been  lately  fixed  in  the  centre 
of  the  White  River  tract.  This  country  must  greatly  enrich  the  public 
treasury.  It  was  with  the  utmost  difficulty  that  the  Delawares  could  be 
induced  to  relinquish  their  claim  for  it.  They  were  pressed  repeatedly  and 
for  years  on  the  subject.  The  negotiations  were  finally  undertaken  at  the 
earnest  solicitations  of  the  Governor  and  Legislature  of  Indiana,  expressed 
to  the  President,  and  never  was  any  undertaking  of  the  kind  more  difficult 
to  accomplish.  The  joint  ownership  of  the  Miamies  greatly  added  to  our 
embarrassments  on  the  occasion,  in  proportion  to  the  difficulties  that  pre 
sented  themselves  so  were  we  liable  in  our  promises.  The  communications 
made  by  myself  to  your  excellency  by  the  Chief  Anderson,  would  convey 
some  idea  of  what  the  Delawares  had  a  right  to  expect.  They  have  reason 
to  expect  that  a  country  should  be  immediately  provided  for  them  west  of 
the  Mississippi  and  that  they  were  to  be  protected  in  the  peaceable  enjoy 
ment  of  that  country.  This  country  was  to  be  designated  by  a  certain 
prominent  geographical  boundary,  It  was  not  understood  how  large  it 
should  be  but  as  the  chief  design  of  their  removal  was  to  live  as  hunters, 
and  to  get  out  of  the  immediate  neighbourhood  of  the  whites,  they  had  a 
right  to  expect  a  country  sufficiently  large  for  the  purposes  of  hunting.  I 
would  suppose  in  any  event  it  would  not  be  less  than  the  one  which  they 
left.  It  was  not  apprehended  that  land  far  interior  with  you  was  of  much 
consequence  and  the  understanding  with  the  Delaware  Chiefs  was  that  their 

41 


42 

station  should  be  as  remote  as  their  safety  from  the  other  tribes  would  allow. 
Previous  to  their  removal  last  year,  the  contents  of  a  letter  from  the  Secre 
tary  of  War,  Jan.  6,  1820,  together  with  a  copy  of  yours  to  him  of  the 
preceding  November,  was  communicated  to  the  Chiefs  (copies  are  enclosed). 
I  recommended  also,  to  them  to  prefer  the  hilly  country  on  account  that 
they  would  not  so  soon  be  interrupted  by  the  approaches  of  the  whites  ;  I 
re'commended  also,  that  they  should  select  their  future  home  as  far  from 
the  whites  as  their  own  safety  would  permit. 

The  Delawares  were  promised  reasonable  supplies  of  corn,  salt  and 
ammunition  for  the  first  year  after  their  arrival  in  your  country.  The  one- 
half  of  the  tribe  yet  remain  here  and  will  move  some  time  in  the  coming 
summer.  This  Nation  was  always  a  leading  one  among  the  Indians  of  this 
country.  They  are  significantly  distinguished  on  all  public  occasions  as 
Grand  Fathers.  Should  their  settlement  with  you  be  in  all  respects  agree 
able  to  their  feelings,  it  may  have  a  decided  influence  in  drawing  all  our 
Indians  westward.  It  is  now  equally  their  interest  as  well  as  ours  that  they 
should  leave  this  country.  There  is  no  tribe  of  the  natives  on  this  conti 
nent  whose  case  affords  so  many  causes  to  excite  the  best  sympathies  of  our 
nature. 

They  are  the  descendants  of  the  primitive  inhabitants  of  the  lower  coun 
ties  of  Pennsylvania,  of  the  State  of  Delaware  and  the  adjacent  parls  of  New 
Jersey.  There  are  persons  of  this  tribe  with  you,  and  they  are  not  a  few, 
that  were  born  and  ra;sed  within  sixty  miles  of  Philadelphia.  In  contending 
with  the  whites  for  what  they  considered  their  just  rights,  they  have  been 
reduced  to  a  mere  handful.  Every  consideration  of  justice,  of  humanity 
and  sound  policy  requires  that  they  should  be  treated  with  liberality. 

My  feelings  as  an  individual  are  largely  interested  for  them,  having  been 
their  Agent  for  a  considerable  part  of  my  life,  there  is  not  an  individual 
that  is  not  personally  known  to  me.  I  pray  your  Excellency  to  have  special 
care  taken  of  them,  to  supply  their  immediate  and  most  pressing  wants  and 
to  have  them  permanently  fixed  agreeably  to  their  wishes. 

The  number  of  Delawares  yet  to  go  from  this  country  is  not  much  short 
of  one  thousand  souls.  You  may  expect  them  in  the  course  of  this  year. 

I  have  the  honor  to  remain, 

With  great  respect, 
His  Excellency,  Your  obt.  servant, 

William  Clark,  JOHX  JOHNSTON. 

St.  Louis. 

NOTE  :  While  it  is  evident  from  this  letter  that  the 
Delawares  surrendered  in  Indiana  4,480,000  acres  of  land,  they 
received  as  a  reservation  less  than  1,000,000  acres  of  land  in 
Kansas,  and  as  an  Outlet  estimated  at  one  million  acres.  This 


43 

outlet,  however,  brought  the  Delaware  Indians  only  $10,000, 
which  was  paid  to  five  chiefs  for  certain  reasons  and  the  Del 
aware  people  received  no  part  of  it. 


UPPER  PIQUA, 

Octobtr  22,  1821. 
Sir: 

I  have  now  to  acknowledge  the  receipt  of  your  letter  of  the  23rd  August, 
covering  an  extract  from  Mr.  Graham's  letter  to  you  of  the  27th  July  last. 
I  had  at  different  periods  communicated  to  Governor  Cass  all  the  information 
that  was  necessary  in  relation  to  the  Delawares.  It  is  presumed  that  Mr. 
Graham  has  not  had  a  view  of  any  of  my  communications.  Until  recently 
I  was  of  the  opinion  that  Governor  Clark  still  had  the  superintendence  of 
Indian  Affairs  west  of  the  Mississippi. 

A  personal  annuity  for  life  was  solemnly  guaranteed  by  the  Commis 
sioner  of  the  United  States  and  myself  at  the  Treaty  of  St.  Mary's  to 
Anderson  and  Lapanihlie,  the  two  principal  chiefs  of  the  Delaware  Nation, 
that  is  to  say  $360  to  the  former  and  $140  to  the  latter.  On  this  part  of  the 
negotiation  the  personal  safety  of  the  Chiefs  required  the  utmost  secrecy. 
I  presume  there  is  no  record  of  the  stipulation  on  the  journals  of  the 
Commissioners.  The  Government  is  pledged  for  the  regular  payment  of 
these  two  annuities  ;  each  of  the  Chiefs  hold  a  paper  written  and  signed  by 
myself  to  this  purport.  Anderson  is  now  about  sixty  years  old  and 
Lapauihlie  fifty.  The  great  difficulties  which  occurred  in  purchasing  the 
country  of  the  Delawares  made  us  liberal  in  promises. 

The  Government  and  citizens  of  Indiana  took  such  a  deep  interest  in 
the  event  that  a  purchase  must  have  been  made.  It  fell  to  my  lot  to 
arrange  all  the  details  of  the  treaty  with  the  Delawares.  I  have  since  had 
reason  to  regret  that  many  of  my  engagements  were  not  written  more  in 
detail  in  that  instrument.  My  embarrassments  in  moving  those  people  for 
the  want  of  funds  has  been  extremely  great.  I  am  now  in  debt  as  the 
Agent  of  the  Government  to  sundry  individuals  on  account  of  sundry 
claims  which  the  Nation  had  against  us,  to  the  amount  of  $2,415.67. 

I  intended  to  have  submitted  this  business  to  you  through  Governor 
Cass  sometime  before  the  meeting  of  Congress,  to  the  end  that  provision 
might  be  made  to  relieve  me,  but  as  your  letter  has  brought  the  case  of  the 
Delawares  into  view,  I  submit  it  now  with  a  request  that  if  it  is  within  the 
means  of  the  Department  I  may  be  furnished  with  money  to  pay  it.  I  have 
regular  vouchers  for  the  whole  amount. 

By  the  treaty  of  Fort  Wayne  of  1803,  the  Delawares  and  other  tribes 
who  were  parties  to  it,  were  to  receive  annually  forever  one  hundred  and 
fifty  bushels  of  salt.  In  apportioning  this  quantity  among  the  whole,  I 
assigned  to  the  Delawares  thirty  bushels  yearly.  30  bushels  of  salt  and  the 
transportation  would  amount  at  that  time  to  $100.  The  salt  was  not 


44 

furnished  regularly  until  it  was  quite  evident  it  never  would  be  furnished 
regularly  and  as  the  Nation  were  leaving  me  forever,  I  thought  it  best  to  allow 
them  money  in  lieu  of  it.  This  would  put  an  end  to  all  difficulties  there 
after  and  would  not  prejudice  the  Government.  I  respectfully  recommend 
that  the  arrangement  made  with  the  Chiefs  be  approved. 

There  is  nothing  due  the  Delawares  for  arrears  of  salt.  The  articles 
which  I  furnished  them  previous  to  their  departure  was  in  full  discharge  of 
all  claims  prior  to  their  leaving  us.  They  have  lost  horses  on  their  journey 
westward,  which  they  claim  compensation  for,  and  which  if  stolen  by  the 
whites  they  should  be  paid  for. 

The  following  is  a  list  of  debts  due  on  account  of  moving  the  Delawares 
in  1820  and  1821.     The  amount  has  no  connection  with  the  current  expenses 
of  my  agency. 
To  the  house  of  Neave  &  Brother,  of  Cincinnati,  for  powder,  lead, 

tobacco  and  flints $532.  68 

To  Connor  &  Marshall  of  Indiana,  for  provisions  and  ammunition 

and  for  extra  services  for  interpreting 993. 

To  Neave  &  Bro.  of  Cincinnati  for  sundry  articles  of  merchandize 
to  make  satisfaction  for  a  murder  committed  on  a  Delaware 

Indian  by  a  citizen  of  the  U.  S $151.10 

To  Benjamin  Brandon  of  Piqua,  Ohio,  for  flour,  beef  and  salt  .    .        $523.  75 
For  carriage  of  goods  from  Cincinnati  to  Wapaghkonetta  ....  48. 43 
To  Benjamin  S.  Cox,  of  Piqua,  Ohio,  for  4  saddles  and  4  saddles  .          876. 00 
To  William  Johnston,  of  Piqua,  Ohio,  for  sundry  articles  of  mer 
chandize  $94.65 

To  Nicholas  Greenham  of  Piqua  for  sundry  articles  of  merchan 
dize  $53.95 

To  Francis  Duchoquet,  expenses  to  White  river  express    ....  $6.00 

To Snively  for  1  rifle  to  the  Chief,  the  Buck $20.  00 

To  John  Johnston  for  flour  and  meat    .  $114.  20 


$2, 415. 67 

On  account  of  the  number  of  poor  Delawares  who  last  moved,  I  was 
under  the  necessity  of  procuring  for  them  forty  horses  at  thirty  dollars 
each.  A  paper  enclosed  will  more  fully  explain  the  transaction. 

The  $1,200  is  to  be  remitted  here  in  the  spring  and  deducted  from  the 
annuity  of  1822.  I  have  only  further  to  remark  in  relation  to  the  Delawares 
that  sound  policy  as  well  as  humanity  requires  that  they  should  be  treated 
with  the  utmost  liberality  in  the  country  to  which  they  have  gone,  if  their  new 
situation  should  prove  agreeable  to  them,  they  will  be  the  means  of  drawing 
all  the  Indians  in  this  country  after  them.  It  is  now  unquestionably  the 
interest  of  all  to  move,  for  they  cannot  be  civilized  on  what  is  called  Res 
ervations,  that  is  small  portions  of  land  surrounded  by  a  numerous  white 
population. 

I  am  informed  that  measures  will  be  taken  to  induce  the  Government 
to  organize  a  principal  and  independent  agency  at  Sandusky  for  the 


45 

Wyandottes.  Such  a  measure  would  be  totally  unnecessary.  The  small 
number  of  Indians  in  that  quarter  (and  they  are  constantly  diminishing)  does 
not  require  any  such  establishment.  Mr.  Shaw  as  Sub-Agent  at  Upper 
Sanduaky  for  the  Wyatidottes  and  Mr.  Montgomery  sub-agent  for  the 
Senecas  below.  The  Department  as  at  present  organized  is  fully  adequate 
to  all  the  reasonable  and  just  wants  of  the  Indians.  At  the  payment  of  the 
annuities  in  July  last,  at  Upper  Sandusky,  I  received  the  thanks  of  the 
Chiefs  of  both  Nations  for  the  satisfactory  manner  in  which  their  business 
was  conducted.  I  should  be  ashamed  to  have  less  to  do  than  at  present. 

I  know  not  whether  I  am  entitled  to  receive  the  laws  of  the  United 
States.  I  have  formerly  applied  for  them  at  the  War  Department,  as  well 
as  the  Department  of  State.  They  were  not  sent.  In  discharging  the  duties 
of  my  office,  I  am  frequently  in  great  need  of  the  laws.  The  volume  which 
contains  the  substance  of  all  the  statutes  having  reference  to  the  public 
lands  would  assist  me  much  in  my  official  duties. 

I  have  the  honor  to  remain, 
With  great  respect, 

Sir,  your  obt.  servant, 

The  Honorable  J.  C.  Calhoun,  JOHN  JOHNSTON, 

Secretary  of  War,  Indian  Agent. 

Washington. 


(DelawareC,  1486.) 

DELAWARE  AGENCY, 

June  16,  1865. 
Sir: 

Since  the  ejection  of  intruders  from  the  Delaware  Trust  lands  by 
military  force,  is  no  longer  to  be  looked  for  ;  by  request  of  the  Chiefs  and 
principal  men  of  that  tribe,  I  would  most  respectfully  call  the  attention  of 
the  Department  at  Washington  to  the  importance  of  a  separate  survey  and 
sale  of  the  lands.  The  late  act  of  Congress  of  the  3rd  of  March  intended  to 
enable  the  President  to  carry  out  in  good  faith  the  recent  treaties  of  the 
Ottoes,  Missouris,  etc.  Instead  of  checking  intrusion  on  these  "  trust  lands," 
as  was  confidently  expected,  seems  to  be  regarded  by  many  as  a  license  to 
enter  upon  them.  The  slip  from  a  Kansas  paper,  herewith  enclosed, 
exhibits  the  extraordinary  and  unprincipled  spirit  actuating  the  unprin 
cipled  portion  of  the  squatter  emigration.  The  difficulty  of  a  faithful  exe 
cution  of  the  treaty  will  but  increase  with  time.  A  long,  uninterrupted  pos 
session  gives  even  the  trespasser  a  color  of  right,  and  quiet  peaceable  citizens 
are  inclined  to  respect  such  rights.  A  large  emigration  is  daily  flowing  into 
the  country,  seizing  upon  the  best  lands  and  most  desirable  situation?, 
uniting  with  and  giving  strength  and  power  to  unlawful  combinations.  In 
a  word,  should  the  sale  be  long  delayed,  I  do  not  believe  these  lands  will 


46 

bring  at  auction  one-half  of  their  value.  I  have  thus  briefly  called  up  this 
unpleasant  subject,  from  a  sincere  desire  that  justice  may  be  done  those 
of  all  others  the  most  helpless  and  inoffensive  people. 

Very  respectfully, 

Your  obt.  servant, 

B.  F.  ROBINSON, 

Col.  A.  Gumming,  Indian  Agent. 

Supt.  Indian  Affairs. 

Enclosure. 

SQUATTERS'  MEETING. 

At  a  meeting  of  the  squatters,  on  Saturday,  March  10,  in  Leavenworth, 
after  much  discussion  upon  two  reports  of  a  committee,  the  following  was 
adopted. 

Whereas,  It  has  now  become  apparent  that  pre-emption  will  be  assured 
to  the  settlers  upon  the  land  ceded  to  the  U.  S.  by  the  Delaware  Indians, 
therefore  be  it — 

1.  Resolved,  That  on  and  after  the  first  day  of  May  next,  we  will  take  the 
pre-emption  law  as  our  sole  guide  and  rule  of  action  in  relation  to  claims  in 
the  Delaware  District  and  our  Squatter  Courts  are  hereby  instructed  to  act 
accordingly. 

2.  That  where  the  existing  laws  and  regulations  of  this  Association 
shall  clash  or  differ  with  the  Pre-emption  Law,  they  are  so  far  declared  to 
be  void  and  of  no  effect. 

3.  That  we  tender  our  grateful  acknowledgement  to  Hon.  J.  Whitfield 
and  other  distinguished  friends,  both  in  and  out  of  Congress,  for  their  able 
and  indefatigable  exertions  in  our  behalf,  which  has  greatly  strengthened 
our  cause  and  shown  our  just  claims  for  consideration  at  the  hands  of  the 
Government. 

4.  That  the  proceedings  of  this  meeting  be  published  in  the  Kansas 
Herald,   Squatters'   Sovereign,    and    Kansas    Pioneer,    and   such    Missouri 
journals  as  feel  friendly  to  the  squatters'  cause. 

R.  R.  REESE,  Chairman. 


(Delaware  T,  413.) 

ELWOOD,  KAN.,  March  22>  180S. 
Hon.  LYMAN  TRUMBULL, 
DEAR  SIR  : 

I  wish  some  information  about  the  Delaware  Indians.  I  will  just  state 
that  our  Senators,  Lane  and  Pomeroy,  in  speeches  and  otherwise,  urged  the 
settlement  of  those  lands  and  as  a  consequence  about  2,000  people  are  upon 
those  lands,  many  of  them  refugees  from  oppression  in  Missouri,  desiring 
to  make  homes  for  their  families  in  the  truly  loyal  State  of  Kansas. 

Now  we  have  recently  heard  that  they  will  be  driven  from  there  to 
make  room  for  an  imaginary  railroad  company,  who,  I  believe,  will  not  come 
up  to  their  agreement  with  the  Government. 


47 

They  have  advertised  to  sell  said  lands  and  take  one-third  of  the  pur 
chase  money,  when  if  a  man  comes  with  five  dollars,  they  will  take  it  and 
make  out  his  papers  for  $50,  §100,  or  §200,  and  get  all  they  can. 

They  also  have  Agents  in  all  the  towns  around  to  sell  land  and  if  they 
cannot  sell  lands,  sell  the  timber  off  the  lands  for  firewood,  rail  and  saw 
timber,  at  a  small  price.  I  will  send  you  one  of  their  notices.  The  timber 
is  being  cut  at  a  dreadful  rate  now. 

Sir,  if  they  had  the  lands  "  bona  fide,"  would  they  thus  wilfully  destroy 
the  timber  ?  I  have  recently  passed  through  the  reserve  and  the  timber 
near  Lawrence  and  Oskaloosa  is  very  much  destroyed  already, 

I  hope,  sir,  you  will  call  the  attention  of  the  President  to  these  facts  and 
let  me  know  all  about  it  by  letter. 

I  dislike  troubling  our  Senators  at  this  time,  but  it  is  an  important 
matter  to  at  least  2,000  as  good  and  loyal  people  as  there  are  to  be  found. 

And  endorsing  your  course  as  a  statesman  for  many  years,  I  have  taken 
the  liberty  to  time  your  time  and  patience. 

Please  write  at  your  earliest  convenience  and  give  me  all  the  informa 
tion  you  can. 

Please  send  us  occasionally  some  public  documents. 
Very  respectfully, 

Your  friend, 

P.  C.  FERGUSON. 
Hon.  W.  P.  DOLE, 

Commissioner  Indian  Affairs, 
DEAR  SIR  : 
Allow  me  to  call  your  attention  to  within. 

L.  TRUMBULL. 


(Book  No.  70,  page  516.) 

DEPARTMENT  OF  THE  INTERIOR, 

OFFICE  OF  INDIAN  AFFAIRS, 

WASHINGTON,  D.  C.,  M<iy  29,  1863. 
F.  JOHNSON,  Esq  , 

U.  S.  Agent, 

Quindaro,  Kansas. 
SIR: 

Your  letter  of  the  24th  ultimo,  enclosing  the  request  of  the  Delaware 
Chiefs  for  permission  to  apply  $800  of  their  funds  to  the  purpose  of  defray 
ing  the  expenses  of  a  delegation  to  the  Eocky  Mountains  to  select  a  new 
location  for  the  Delaware  Nation,  has  been  received.  Official  information 
received  here  from  every  portion  of  the  country  mentioned,  fully  satisfies 
me  that  there  is  no  locality  in  all  that  region  that  is  not  subject  to  very 
grave  objections,  for  the  contemplated  purpose.  Throughout  the  whole  of 
Utah,  the  lands  with  scarcely  any  exception  can  only  be  cultivated  by 
irrigation  and  a  very  large  portion  are  simply  barren  waste.  To  the  North 


48 

and  Northeast  the  country  is  wild,  rocky  and  mountainous,  inhabited 
mainly  by  wild  tribes  of  Indians,  with  whom  no  treaties  for  the  extinguish 
ment  of  titles  have  been  negotiated  and  who  are  much  addicted  to  hostili 
ties  as  well  amongst  themselves  as  towards  white  emigration  passing  through 
the  country.  I  feel  well  assured  that  a  movement  of  the  Delawares  to  any 
portion  of  that  country  could  not  result  advantageously  and  would  probably 
prove  disastrous.  For  these  reasons,  I  feel  constrained  to  withhold  my 
assent  to  the  request  of  the  Chiefs.  I  am  not  adverse,  bat  on  the  contrary 
greatly  desire  a  removtl  of  the  Delawares  from  Kansas,  provided  they  can  find 
a  location  in  the  Indian  country  that  can  be  obtained  as  a  permanent  home. 
All  the  acccounts  concur  in  representing  this  country  as  one  of  the  most 
desirable  in  all  our  borders  and  the  best  suited  to  the  peculiar  wants  of  the 
Indians.  Its  climate  is  delightful,  its  soil  is  fertile  and  its  geographical 
position  is  such  that  its  occupation  by  lawless  whites  can  be  more  easily 
prevented  than  any  other  portion  of  the  country  with  which  I  am  acquainted. 
By  common  consent  this  country  seems  to  be  recognized  as  the  Indian 
country  and  I  have  strong  hopes  that  it  will  eventually  prove  for  them  a 
happy  and  prosperous  home.  To  render  it  so,  no  effort  on  my  part  will  be 
wanting.  You  are  directed  to  submit  this  letter  to  the  Chiefs  and  should 
they  so  desire,  are  authorized  to  grant  them  permission  to  appropriate  so 
much  of  their  funds  as  is  in  your  judgment  actually  necessary  to  defray  the 
expenses  of  a  delegation  to  the  Indian  country  for  the  purpose  of  examining 
the  same  and  ascertaining  wrhat  arrangements  can  be  made  with  a  view  to 
securing  a  permanent  home  for  those  of  the  Delawares  who  may  desire  to 
emigrate. 

Very  respectfully, 

Your  obedient  servant, 

WILLIAM  P.  DOLE, 

Commissioner. 


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DELAWARE-CHEROKEE  AGREEMENT. 

ARTICLES  OP  AGREEMENT 

ADE  this  8th  day  of  April,  A.  D.  1867,  between  the 
Cherokee  Nation,  represented  by  William  P.  Ross, 
Principal  Chief,  Riley  Keys,  and  Jesse  Bushy  head,  delegates, 
duly  authorized,  parties  of  the  first  part,  and  the  Delaware 
tribe  of  Indians,  represented  by  John  Connor,  Principal  Chief, 
Charles  Journeycake,  Assistant  Chief,  Isaac  Journeycake,  and 
John  Sarcoxie,  delegates  for  and  on  behalf  of  said  Delaware 
tribe,  duly  authorized,  witnesseth  : 

Whereas,  By  the  loth  article  of  a  certain  treaty  between 
the  United  States  and  the  Cherokee  Nation  ratified  August 
llth,  1866,  certain  terms  were  provided,  under  which  friendly 
Indians  might  be  settled  upon  unoccupied  lands  in  the 
Cherokee  county,  east  of  the  line  of  96th  degree  of  west  longi 
tude,  the  price  to  be  paid  for  such  lands  to  be  agreed  on  by 
the  Indians  to  be  thus  located  and  the  Cherokee  Nation,  subject 
to  the  approval  of  the  President  of  the  United  States  ;  and 
whereas,  by  a  treaty  between  the  United  States  and  the  Dela 
ware  tribe  of  Indians  ratified  August  10th,  1866,  the  removal 
of  the  said  Delawares  to  the  Indian  country  south  of  Kansas 
was  provided  for,  and  in  the  4th  article  whereof  an  agreement 
was  made  by  the  United  States  to  sell  to  the  Delawares  a  tract 
of  land,  being  part  of  a  tract  a  cession  of  which  by  the  Cherokees 
to  the  United  States  was  then  contemplated ;  and  whereas,  no 
such  cession  of  land  was  made  by  the  Cherokees  to  the  United 
States,  but  in  lieu  thereof,  terms  were  provided  as  hereinbefore 
mentioned,  under  which  friendly  Indians  might  be  settled 

51 


52 


upon  their  lands  ;  and  whereas,  a  full  and  free  conference  has 
been  held  between  the  representatives  of  the  Cherokees  and 
the  Delawares,  in  view  of  the  treaties  herein  referred  to, 


First 


looking  to  a  location  of  the  Delawares  upon  the  Cherokee  lands, 

second 

and  their  consolidation  with  said  Cherokee  Nation:  ^sow  there 
fore,  it  is  agreed  between  the  parties  hereto,  subject  to  the 
approval  of  the  President  of  the  United  States,  as  follows  ; 

The  Cherokees,  parties  of  the  first  part,  for  and  in  con 
sideration  of  certain  payments  and  the  fulfillment  of  certain 
conditions,  hereinafter  mentioned,  agree  to  sell  to  the  Dela 
wares,  a  quantity  of  land  east  of  the  line  of  the  96th  degree 
west  longitude,  in  the  aggregate  equal  to  160  acres  of  land  for 
each  individual  of  the  Delaware  tribe  who  has  been  enrolled 
upon  a  certain  register  made  February  18th,  1867,  by  the  Del 
aware  Agent,  and  on  file  in  the  Office  of  Indian  Affairs,  being 
the  list  of  the  Delawares  who  elect  to  remove  to  the  "  Indian 
country  "  to  which  list  may  be  added,  only  with  the  consent  of 
the  Delaware  Council  the  names  of  such  other  Delawares  as 
may  within  one  month  after  the  signing  of  this  agreement, 
desire  to  be  added  thereto  ;  and  the  selection  of  the  lands  to 
be  purchased  by  the  Delawares  may  be  made  by  said  Dela 
wares  in  any  part  of  the  Cherokee  reservation  east  of  said  line 
of  96  degrees,  not  already  selected  and  in  possession  of  other 
parties;  and  in  case  the  Cherokee  lands  shall  hereafter  be 
allotted  among  the  members  of  said  Nation,  it  is  agreed  that 
the  aggregate  amount  of  land  herein  provided  for  the   Dela 
wares,  to  include  their  improvements  according  to  the  legal 
sub-divisions,  when  surveys  are  made  (that  is  to  say,  160  acres 
for  each  individual),  shall  be  guaranteed  to  each   Delaware 
incorporated  by  these  articles  into  the  Cherokee  Nation  ;  nor 


53 

shall  the  continued  ownership  and  occupancy  of  said  land  by 
any  Delaware  so  registered  be  interfered  with  in  any  manner 
whatever  without  his  consent,  but  shall  be  subject  to  the  same 
conditions  and  restrictions  as  are  by  the  laws  of  the  Cherokee 
Nation  imposed  upon  the  native  citizens  thereof:  Provided 
That  nothing  herein  shall  confer  the  right  to  alienate,  convey 
or  dispose  of  any  such  lands,  except  in  accordance  with  the 
constitution  and  laws  of  said  Cherokee  Nation. 

And  the  said  Delawares,  parties  of  the  second  part,  agree 
that  there  shall  be  paid  to  the  said  Cherokees,  from  the  Dela 
ware  funds  now  held  or  hereafter  received  by  the  United  States, 
a  sum  of  money  equal  to  one  dollar  per  acre,  for  the  whole 
amount  of  160  acres  of  land,  for  every  individual  Delaware 
who  has  already  been  registered  upon  the  aforesaid  list,  made 
February  18th,  1867,  with  the  additions  thereto  heretofore 
provided  for.  And  the  Secretary  of  the  Interior  is  authorized 
and  requested  to  sell  any  United  States  stocks  belonging  to 
the  Delawares,  to  procure  funds  necessary  to  pay  for  said 
lands ;  but  in  case  he  shall  not  feel  authorized,  under  existing 
treaties,  to  sell  such  bonds  belonging  to  the  Delawares,  it  is 
agreed  that  he  may  transfer  such  U.  S.  bonds  to  the  Cherokee 
Nation,  at  their  market  value  at  the  date  of  such  transfer. 
And  the  said  Delawares  further  agree  that  there  shall  be 
paid  from  their  funds,  now  or  hereafter  to  come  into  posses 
sion  of  the  United  States,  a  sum  of  money  which  shall  sustain 
the  same  proportion  to  the  existing  Cherokee  National  Fund 
that  the  number  of  Delawares  registered  as  above  mentioned, 
and  removing  to  the  Indian  country,  sustains  to  the  whole 
number  of  Cherokees  residing  in  the  Cherokee  Nation ;  and 
for  the  purpose  of  ascertaining  such  relative  numbers,  the 


54 

registers  of  the  Delawares  herein  referred  to,  with  such  addi 
tions  as  may  be  made  within  one  month  from  the  signing  of 
this  agreement,  shall  be  the  basis  of  calculation  as  to  the 
Delawares,  and  an  accurate  Census  of  the  Cherokees  residing 
in  the  Cherokee  Nation  shall  be  taken  under  the  laws  of  the 
Nation  within  four  months,  and  properly  certified  copies 
thereof  filed  in  the  Office  of  Indian  Affairs,  which  shall  be 
the  basis  of  calculation  as  to  the  Cherokees.  And  that  there 
may  be  no  doubt  hereafter  as  to  the  amount  to  be  contributed 
to  the  Cherokee  National  Fund  by  the  Delawares,  it  is  hereby 
agreed  by  the  parties  hereto  that  the  whole  amount  of  the 
invested  funds  of  the  Cherokees,  after  deducting  all  just  claims 
thereon,  is  $678,000.  And  the  Delawares  further  agree  that 
in  calculating  the  total  amount  of  said  National  Fund  there 
shall  be  added  to  the  said  sum  of  $678,000  the  sum  of 
$1,000,000,  being  the  estimated  value  of  the  Cherokee  neutral 
lands  in  Kansas,  thus  making  the  whole  Cherokee  National 
Fund  $1,678,000  ;  and  this  last  mentioned  sum  shall  be  taken 
as  the  basis  for  calculating  the  amount  which  the  Delawares 
are  to  pay  into  the  common  fund  ;  Provided,  That  as  the  $678,- 
000  of  funds  now  on  hand  belonging  to  the  Cherokees  is 
•hiefly  composed  of  stocks  of  different  values,  the  Secretary  of 
the  Interior  may  transfer  from  the  Delawares  to  the  Cherokees 
a  proper  proportion  of  the  stocks  now  owned  by  the  Dela 
wares,  of  like  grade  and  value,  which  transfer  shall  be  in  part 
of  the  pro  rata  contribution  herein  provided  for  by  the  Dela 
wares  to  the  funds  of  the  Cherokee  Nation  ;  but  the  balance 
of  the  pro  rata  contribution  by  the  Delawares  to  said  funds 
shall  be  in  cash  or  U.  S.  bonds  at  their  market  value.  All 
cash  and  all  proceeds  of  stocks,  whenever  the  same  may  fall 


55 

due  or  be  sold,  received  by  the  Cherokees  from  the  Delawares 
under  this  agreement,  shall  be  invested  and  applied  in  accord 
ance  with  the  23rd  article  of  the  treaty  with  the  Cherokees 
of  August  llth,  1866. 

On  the  fulfillment  by  the  Delawares  of  the  foregoing  stipu 
lations,  all  the  members  of  the  tribe  registered  as  above  pro 
vided  shall  become  members  of  the  Cherokee  Nation,  with  the 
same  rights  and  immunities  and  the  same  participation  (and 
no  other)  in  the  National  Funds  as  Native  Cherokees,  save  as 
hereinbefore  provided. 

And  the  children  hereafter  born  of  such  Delawares  so 
incorporated  into  the  Cherokee  Nation,  shall  in  all  respects  be 
regarded  as  Native  Cherokees. 

WM.  P.  Ross,  Principal  Chief; 

RILEY  KEYS, 

Cherokee  Delegation. 

his 

JOHN    X   CONNER,  Principal  Chief; 

mark 

CHARLES  JOURNEYCAKE, 
ISAAC  JOURNEYCAKE, 

his 

JOHN    X   SARCOXIE, 

mark 

Delaware.  Delegation. 

Executed  and  delivered  in  our  presence  by  the  above 
named  delegates  of  the  Cherokee  and  Delaware  Nations,  at 
the  city  of  Washington,  in  the  district  of  Columbia,  the  day 
and  year  first  above  written. 

JOHN  G.  PRATT. 
WM.  A.  PHILLIPS. 
EDWARD  S.  MENAGER. 
DEPARTMENT  OF  THE  INTERIOR, 

April  11,  1867. 


56 

The  within  agreement  between  the  Cherokee  and  Delaware 
tribes  of  Indians,  concluded  on  the  Sthinst.,  and  providing  for 
uniting  the  two  tribes  as  contemplated  by  the  Cherokee  treaty 
of  July  19,  1800,  is  respectfully  submitted  to  the  President,, 
with  the  recommendation  that  it  be  approved. 

0.  H.  BROWNING, 

Secretary. 
Approved  April  11,  1807. 

ANDREW  JOHNSON. 

Ratified  by  the  National  Committee,  June  15,  1807. 
H.  D.  REESE,  SMITH  CHRISTIE, 

Clerk  Nat.  Committee.  President  Nat.  Committee. 

Concurred  in. 
S.  FOREMAN,  JOHN  YOUNG, 

Clerk  of  Council.  Speaker  of  Council. 


RESOLUTION   IN   FURTHERANCE   OF   THE   TREATY   WITH   THE 

DEL  A  WARES. 

Resolved,  by  the  National  Council,  That  the  Principal 
Chief  be  and  he  is  hereby  authorized  to  appoint  some  suitable 
person  to  transcribe  the  Cherokee  Census  rolls,  and  forward 
copies  of  them  to  the  Secretary  of  the  Interior  at  as  early  a 
date  as  it  can  be  done.  Also,  to  call  on  the  Secretary  of  the 
Interior  for  a  copy  of  the  Delaware  census  roll. 

Tahlequah,  C.  N.,  June  17,  1807. 

Approved.  WM.  P.  Ross, 

Principal  Chief. 

(The  italicized  lines  and  notes  are  placed  in  the  above 
copy  to  call  the  attention  of  the  reader  to  particular  features 
of  the  Agreement ;  they  are  not  found  in  the  original.  Perhaps 
if  this  Agreement  had  been  drawn  up  by  lawyers  of  the  present 
day,  it  would  not  have  been  such  an  ambiguous  document.) 


REPORT  OF  THE   COMMISSIONER   OF   INDIAN 
AFFAIRS,  1869. 

PAGES  484  AND  485. 

sale  of  bonds,  indicated  in  the  preceding  table,  which 
were  previously  held  in  trust,  for  the  Delaware  general 
fund,  was  effected  by  a  transfer  upon  the  trust-fund  books  of 
the  Department  on  the  13th  of  May,  1869,  to  the  credit  of  the 
Cherokee  funds,  in  accordance  with  the  wishes  of  the  Dela 
ware  Indians,  an  agreement  having  been  previously  made 
(April  8,  1867)  between  the  Cherokee  and  Delaware  Indians, 
based  upon  prior  treaties,  by  which  the  Cherokees  agreed  to 
sell  to  the  said  Delaware  Indians  a  portion  of  their  land  east 
of  a  line  of  ninety-six  degrees  of  west  longitude  at  the  rate  of 
one  dollar  per  acre,  upon  condition  that  the  said  Delaware 
Indians,  in  addition  to  the  amount  necessary  to  pay  for  said 
land,  transfer  to  the  credit  of  the  different  Cherokee  funds  a 
pro  rata  share  of  their  trust  funds,  and  become  a  part  of  the 
Cherokee  Nation. 

It  was  found  by  calculation  that  985  Delaware  Indians 
would  require,  at  160  acres  each,  157,600  acres,  amounting  at 

one  dollar  per  acre  to $157,600.00 

The  proportion  of  the  number  of  Delawares  to 
that  of  the  Cherokees  was  found  to  be  as  1  to 
13.78,  and  on  this  basis  the  amount  of  stocks 
which  it  was  found  necessary  to  transfer  to  the 
Cherokees,  as  pro  rata  funds  from  those  belong 
ing  to  the  Delawares,  was 121,824.28 

Total  amount  acquired  to  cover  payment  for 
157,600  acres  of  land  and  pro  rata  funds  trans 
ferred $279,424.28 

59 


60 

The  funds  transferred  were  as  follows  : 
Amount    of    non-paying  bonds  of 
several  Southern  States  as  shown  in 
the  above  statement,  transferred  at 

par,  as  per  agreement $32,000.00 

Amount  of  paying  stocks  of  State 

of  Missouri 2,000.00 

$34,000.00 

$230,716.10  in  United  States  bonds  issued  to 
Union  Pacific  Railway  Company,  eastern  divi 
sion,  transferred  at  market  rates  (106f.) 245,424.28 

$279,424.28 


CONCLUSION. 

TF  the  kind  reader  into  whose  hands  this  booklet  may 
*  chance  to  fall  should  become  sufficiently  interested  in  the 
matters  relating  to  the  Delaware  Indians  to  render  them  moral 
support  and  assistance  in  any  manner,  such  assistance  will  be 
greatly  appreciated  by  both  the  Delaware  people  and  your 
humble  servant. 

In  distributing,  with  my  compliments,  a  limited  number 
of  these  booklets,  I  have  undertaken  the  task  from  my  own 
personal  resources,  and  owing  to  my  want  of  funds  have  not 
been  able  to  make  the  distribution  very  large  ;  but  should  you, 
or  your  friends,  wish  other  copies  of  it,  upon  receipt  of  a 
remittance  I  will  cheerfully  furnish  them. 

The  Delaware  Indians,  having  no  fund  at  their  disposal, 
have  been  able  to  promise  me  so  far  only  a  contingent  fee,  and 
for  three  years,  at  my  own  personal  expense,  I  have  championed 
their  cause  and  the  cost  of  doing  this  has  been  many  thousand 
dollars. 

While  I  have  undertaken  to  attend  to  matters  personally 
before  the  Executive  Departments  of  the  Government,  it  is  very 
necessary  to  have  able  attorneys  represent  us  before  the  Judi 
ciary  and  this  has  been  one  of  the  great  expenses  of  this  cause. 

We  were  fortunate,  however,  in  securing  as  attorney  of 
record  before  the  Court  of  Claims  the  assistance  of  Hon.  Walter 
S.  Logan,  President  of  the  Xew  York  State  Bar  Association, 
and  as  Associate  Counsel,  Marx  E.  Harby,  of  the  firm  of 
Logan,  Demond  &  Harby,  Xo.  27  William  Street,  New  York. 

63 


64 

The  purpose  of  distributing  these  booklets  is  to  better 
inform  the  public  as  to  the  justice  of  our  cause.  Few  men  will 
do  another  knowingly  a  willful  wrong  and  there  are  but  few 
men  who  will  not  be  good  Samaritans  if  they  but  have  the 
opportunity. 

With  every  sentiment  of  respect, 

I  am,  sincerely  yours, 

RICHARD  C.  ADAMS, 
Representing  the  Delaware  Indians, 

Washington,  D.  C. 


ADDENDA. 

AND  now  you've  read  their  story  and  their  Legend,  too, 
You  see  by  these  traditions  that  they  were  friends  to  you. 
You  see  the  needs  and  troubles  of  this  persecuted  band, 
Who  always  have  s-tood  by  you,  and  helped  you  to  a  man. 
Greater  proof  of  friendship  than  this  could  never  be, 
When  the  quarrel  was  not  his,  he  gave  his  blood  for  thee ! 
And  now  he  asks  your  friendship,  but  not  at  such  a  cost, 
He's  asking  your  assistance,  before  his  home  is  lost. 

He  fears  not  the  judgment  when  he  gets  to  Court, 

His  rights  are  firmly  anchored  as  any  ship  in  port, 

But  there  are  pirates  in  the  Harbor!     Fierce  marauders  lurking  near ! 

And  the  mischief  they  are  planning  is  the  danger  he  may  fear. 

They  are  seeking  to  deprive  us  of  the  product  of  our  land. 

They  care  not  who  may  own  it,  if  they  but  perfect  their  plan. 

In  this  bloodless  battle,  can  we  now  expect  your  aid  ? 

Give  us  for  the  blood  we've  spilt,  your  moral  help  instead. 

B.  C.  A. 


WALTER  S.  LOGAN, 
Attorney  of  Record  for  Delaware  Indians. 


MARX  E.  HARBY, 

Associate  Counsel. 


THE   LEGEND  OF  THE  "YAH  QUA  WHEE"  OR 
MASTODON. 

T  OXG  AGO,  in  time  almost  forgotten,  when  the  Indians  and 
*— '  the  Great  Spirit  knew  each  other  better,  when  the  Great 
Spirit  would  appear  and  talk  with  the  wise  men  of  the  Nation, 
and  they  would  counsel  with  the  people ;  when  every  warrior 
understood  the  art  of  nature,  and  the  Great  Spirit  was  pleased 
with  his  children ;  long  before  the  white  man  came  and  the 
Indians  turned  their  ear  to  the  white  man's  God  ;  when  every 
warrior  believed  that  bravery,  truth,  honesty  and  charity  were 
the  virtues  necessary  to  take  him  to  the  happy  hunting- 
grounds  ;  when  the  Indians  were  obedient  and  the  Great 
Spirit  was  interested  in  their  welfare,  there  were  mighty  beasts 
that  roamed  the  forests  and  plains. 

The  Yah  Qua  Whee  or  mastodon  that  was  placed  here 
for  the  benefit  of  the  Indians  was  intended  as  a  beast  of  burden, 
and  to  make  itself  generally  useful  to  the  Indians.  This 
beast  rebelled.  It  was  fierce,  powerful  and  invincible,  its  skin 
being  so  strong  and  hard  that  the  sharpest  spears  and  arrows 
could  scarcely  penetrate  it.  It  made  war  against  all  other 
animals  that  dwelt  in  the  woods  and  on  the  plains  which  the 
Great  Spirit  had  created  to  be  used  as  meat  for  his  children — 
the  Indians. 

A  final  battle  was  fought  and  all  the  beasts  of  the  plains 
and  forests  arrayed  themselves  against  the  mastodon.  The 
Indians  were  also  to  take  part  in  this  decisive  battle  if  neces 
sary,  as  the  Great  Spirit  had  told  them  they  must  annihilate 
the  mastodon. 

71 


72 

The  great  bear  was  there  and  was  wounded  in  the  battle. 

The  battle  took  place  in  the  Ohio  Valley,  west  of  the 
Alleghanies.  The  Great  Spirit  descended  and  sat  on  a  rock 
on  the  top  of  the  Alleghanies  to  watch  the  tide  of  battle. 
Great  numbers  of  the  mastodons  came,  and  still  greater  numbers 
of  the  other  animals. 

The  slaughter  was  terrific.  The  mastodons  were  being 
victorious  until  at  last  the  valleys  ran  in  blood.  The  battle 
field  became  a  great  mire,  and  many  of  the  mastodons,  by 
their  weight,  sank  in  the  mire  and  were  drowned. 

The  Great  Spirit  became  angry  at  the  mastodon,  and  from 
the  top  of  the  mountain  hurled  bolts  of  lightning  at  their 
sides  until  he  killed  them  all  except  one  large  bull,  who 
cast  aside  the  bolts  of  lightning  with  his  tusks  and  defied 
everything,  killing  many  of  the  other  animals  in  his  rage, 
until  at  last  he  was  wounded.  Then  he  bounded  across  the 
Ohio  river,  over  the  Mississippi,  swam  the  Great  Lakes,  and 
went  to  the  far  north  where  he  lives  to  this  day. 

Traces  of  that  battle  may  yet  be  seen.  The  marshes  and 
mires  are  still  there,  and  in  them  the  bones  of  the  mastodon 
still  are  found  as  well  as  the  bones  of  many  other  animals. 

There  was  a  terrible  loss  of  the  animals  that  were  made 
for  food  for  the  Indians,  in  that  battle,  and  the  Indians 
grieved  much  to  see  it,  so  the  Great  Spirit  caused,  in  remem 
brance  of  that  day,  the  cranberry  to  come  and  grow  in  the 
marshes  to  be  used  as  food,  its  coat  always  bathed  in  blood, 
in  remembrance  of  that  awful  battle. 


NOTE.  The  foregoing  is  one  of  the  many  Delaware  Indian  legends.  I 
have  never  seen  it  in  print,  and  thinking  it  may  be  of  some  interest  to  the 
mythological  student,  I  relate  it  here.  R-  C.  A. 


TO  THE  DELAWARE  INDIANS. 


I   HAVE  travelled  o'er  the  country  that  once  was  our  domain, 
Seen  the  rivers  and  the  mountains,  the  broad  and  fertile  plain, 
Where  the  Indian  chased  the  buffalo,  the  antelope  and  deer, 
When  the  smoke  from  Indian  wigwams  arose  from  far  and  near  ; 
Seen  the  lovely  Susquehanna,  where  our  council  fire  would  burn, 
And  all  the  tribes  and  warriors  would  gather  there  to  learn 
The  wise  teachings  of  our  chieftains  and  their  traditions  old, 
And  to  tell  it  to  their  children  as  to  them  it  had  been  told. 


I  see,  from  time  immemorial,  by  stories  handed  down, 
We  had  exclusive  title  to  our  homes  and  hunting-ground, 
But  then  there  came  some  pilgrims  from  a  far  and  distant  shore, 
As  they  said  "  with  Christian  motives,"  our  country  to  explore  ; 
For  us,  "  a  poor  heathen  nation,"  their  hearts  were  truly  sad  ; 
And  to  save  us  from  "  the  infernal  powers  "  they'd  be  very  glad. 
But  to  provide  the  daily  bread  of  those  who  laid  the  plan, 
Well,  of  course,  we'd  be  expected  to  give  them  plenty  of  land. 

But  for  that  we  should  not  care,  they  would  lead  us  on  to  light, 
And  "  in  heaven  we'll  be  rewarded  "  they  say,  for  doing  right, 
For  there  the  Bible  teaches,  "  cur  treasures  we  should  store  ;  " 
If  our  rights  are  there  established,  we  need  for  nothing  more." 
And  Christians  will  gladly  show  us  the  path  the  pilgrims  trod, 
That  leads  unto  eternal  joy  in  paradise  with  God." 
So  we  gave  close  attention  to  their  actions  one  by  one, 
And  this,  as  we  have  found  it,  is  part  that  they  have  done. 

They  took  with  pious  gratitude  the  land  that  was  our  own, 
They  killed  the  buffalo  and  deer  and  drove  us  from  our  home  ! 
Some  of  our  people  plead  with  them,  our  country  to  retain, 
While  others  did  contest  our  rights  with  arms,  but  all  in  vain. 
With  sorrow,  grief  and  suffering,  we  were  forced  at  last  to  go, 
From  the  graves  of  our  forefathers  to  a  land  we  did  not  know. 
But  this  was  now  guaranteed  to  us,  "  as  long  as  water  shall  run," 
Yet  on  they  pushed  us,  on  and  on  toward  the  setting  sun  ! 


"  And  this  will  be  the  last  move,"  they  tell  us,  if  we  go ; 
"  You  will  hold  the  country  this  time  as  long  as  grass  shall  grow, 
"  For  the  good. Great  Father's  promise  is  a  very  sacred  pledge, 
"  And  to  all  his  children  does  he  give  the  greatest  privilege ;  " 
That  is  to  all  children  he  adopts  from  every  race  of  man, 
Except  the  rightful  owners  of  this  broad  and  bounteous  land  ! 
They  must  in  meek  submission  bow  unto  the  hand  of  might, 
To  them  the  courts  of  law  are  barred,  they  can  make  no  legal  fight! 

If  the  Indian  seeks  the  Government,  there  his  grievance  to  relate, 
He  must  first  obtain  permission  from  those  who  rule  the  State  ! 
If  his  rights  are  there  denied  him  and  an  attorney  he  would  seek, 
He  is  sternly  then  reminded  he  has  no  right  to  speak  ! 
"  For  under  section  so  and  so,  which  guides  your  legal  move, 
"  You  see  no  attorneys  can  appear  for  you,  except  if  we  approve  ; 
"  And  if,  in  our  opinion,  your  claim  does  not  adhere 
"  To  the  interests  of  the  public,  then  your  cause  we  cannot  hear." 

"  This  is  a  Christian  Nation,"  they  oft  with  pride  maintain, 
And  even  on  their  money  their  faith  they  do  proclaim. 
And  none  can  hold  an  office  here  in  this  Christian  land, 
Unless  he  believes  in  Heaven  and  the  future  state  of  man ; 
In  every  town  are  churches,  God's  word  is  everywhere, 
E'en  legislation,  good  or  bad,  begins  each  day  with  prayer, 

"  This  is  the  home  of  freedom,  where  justice  rules  the  land  ! 

"  Arid  all  (save  Indian  people)  their  rights  may  here  demand  !  " 

The  foreigner  from  Europe's  shore  or  the  ignorant  African 
Has  the  right  to  sit  in  Congress'  halls  and  legislation  plan  ! 
Turning  the  treaty  records  o'er,  in  the  first  that  comes  to  view, 
I  see  this  gracious  Government  guaranteed  these  rights  to  you, 
And  why  you're  treated  as  children,  or  ruled  with  an  iron  hand, 
Nor  allowed  to  be  politically  free,  is  more  than  I  understand, 
Unless  it  be  "  in  Heaven  you  are  to  find  your  treasures  dear," 
And  your  pious  Christian  teachers  are  to  take  "  their  treasures  "  here. 

But  I  do  not  blame  the  Christians,  if  Christians  true  they  be, 

And  it's  not  their  Bible  teachings  that  bring  such  grief  to  thee  ; 

It  is  not  the  faith  that  men  believe,  it  is  the  deeds  they  do, 

That  sometimes  hurt  their  fellowmen  and  probe  their  conscience,  too. 

If  "  we  are  all  children  of  one  God,"  are  we  not  equal  here  ? 

Are  not  the  Indian's  liberties  and  rights,  to  Him  as  dear? 

If  we  an  earnest  effort  make,  our  rights  here  to  obtain, 

Then,  perhaps  with  His  assistance,  that  privilege  we  shall  gain. 


I  believe  the  American  people  are  just  and  kind  and  true, 
They  would  fight  for  our  protection,  if  our  grievance  they  but  knew 
True,  some  with  selfish  motives  would  keep  us  still  suppressed, 
But  the  great  controlling  public  would  strive  to  do  what  is  beat. 
And  none  has  their  attention  called  to  our  sad,  humiliated  state, 
Or  quickly  would  they  all  demand  that  Congress  reparation  make. 
So  the  fault  with  us  has  partly  been,  because  we  don't  complain, 
But  allow  ourselves  thus  to  be  robbed  for  selfish  plotters'  gain  ! 


Why  should  we  be  a  separate  people,  the  target  of  every  man  ? 
We,  who  owned  this  country  once,  should  be  right  in  the  van. 
No  one  would  objections  raise  and  surely  Congress  can 
Declare  all  Indians  vested  with  the  rights  of  every  man. 
And  grant  us  prompt  permission  to  prove  o:ir  every  claim, 
And  pay  us  the  obligations  the  Government  has  made  in  vain  ; 
Then  to  our  oppressors  will  we  prove,  who  deny  our  right  to  live, 
That  Indians  will  make  good  citizens,  if  to  them  a  chance  you  give. 


Representing  the  Delaware  Indians. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 


Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 


APR  131948 


OJun'54TFU 


RECTL 

OCT311S60 


AUG    51963 


SEp  1 4 19B3 


LD  21-100m-9,'47(A5702sl6)476 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


>, 


